Legal Opinion

In re Steiner

District Court, E.D. New York

Decided March 28, 1918PublishedCited by 4 opinions

In Bankruptcy. In the matter of the bankruptcy of Henry Steiner, trading as Henry Steiner & Son. The chattel mortgage under which the mortgagee claimed the proceeds of the sale of certain property of the bankrupt held invalid as a lien.

1Opinion of the Court

CHATFIELD, District Judge.

A chattel mortgagee claims the proceeds of sale of certain property of the bankrupt, to the amount of the balance remaining open upon the mortgage, viz., $1,925. The special master has reported that the mortgagee had reasonable cause to believe that the bankrupt was insolvent at the time the chattel mortgage was executed, and that the chattel mortgage was intended as a preference. He has therefore found that the chattel mortgage was voidable and invalid as a preferential payment, and also invalid 'as security for past indebtedness as against creditors. The testimony…

2Cited by4 opinions

  1. In re Hillmark Associates, Inc.District Court, S.D. New York · 1942
  2. In re the Estate of ShayNew York Surrogate's Court · 1935
  3. Century Insurance v. Glidden Buick Corp.City of New York Municipal Court · 1940
  4. In re J & J Baking Co.Appellate Division of the Supreme Court of the State of New York · 1962

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