In re Marine Construction & Dry Dock Co.
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of New York, in Bankruptcy.
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Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of New York, in Bankruptcy. This cause comes here upon appeal from an order of the District Court, Eastern District of New York (135 Fed. 921), adjudging that two certain mortgages did not constitute liens upon the materials and stock in trade of the mortgagor, nor upon a certain houseboat, which was under construction at the time of the institution of the proceedings in bankruptcy. The facts are sufficiently set forth in the'opinion.
1Opinion of the Court
EACOMBE, Circuit Judge.
The bankrupt was a corporation engaged in the construction and repairing of boats of various kinds. On September 1, 1902, it purchased certain real estate and a shipbuilding plant thereon at Mariner’s Harbor, Staten Island, subject to a purchase-money mortgage of $40,000. This is referred to in the record as the first mortgage, and about it there is no controversy. On September 1, 1902,' the company executed a second mortgage for $37,500, .securing its bonds to that amount, which bonds are owned by petitioner. This instrument enumerated as the property by it conveyed…
2Cases cited12 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Southard v. . BennerNew York Court of Appeals · 1878
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Etheridge v. SperrySupreme Court of the United States · 1891
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
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3Cited by11 opinions
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- The Fort OrangeDistrict Court, S.D. New York · 1933
- Westinghouse Electric & Mfg. Co. v. Brooklyn Rapid Transit Co.Court of Appeals for the Second Circuit · 1920
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