Legal Opinion
In Re Myers
Court of Appeals for the Second Circuit
Decided February 6, 1928No. 102PublishedCited by 25 opinions
1Opinion of the CourtL. Hand, Circuit Judge
(after stating the facts as above).
The question is altogether of the New York chattel mortgage act (section 230 of the Lien Law [Consol. Laws, c. 33]), and has apparently never been determined by the New York courts. Distin agrees that his neglect to file the mortgage for 3% months subjected it to the claims of those who became creditors, not only between execution and filing, but also before execution. Karst v. Gane, 136 N. Y. 316, 32 N. E. 1073. The trustee’s position is that, under 2 R. S. pt. 2, c. 7,' tit. 2, § 5, the mortgage was prima facie fraudulent, because of the mortgagor’s…
2Cases cited17 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Karst v. . GaneNew York Court of Appeals · 1893
- Gugel v. New Orleans Nat. BankCourt of Appeals for the Fifth Circuit · 1917
- Anheuser-Busch Brewing Ass'n v. HarrisonCourt of Appeals for the Ninth Circuit · 1907
- Seaboard Nat. Bank v. Rogers Milk Products Co.Court of Appeals for the Second Circuit · 1927
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
- In Re Visual Industries, Inc.Court of Appeals for the Third Circuit · 1995
- In Re New England Carpet Co.United States Bankruptcy Court, D. Vermont · 1983
- Tawney v. ClemsonCourt of Appeals for the Fourth Circuit · 1936
- Air Equipment Corp. v. Rubbercraft Corp.Court of Appeals for the Second Circuit · 1935
20 more not listed; retrieve them via the Exa API.