Paulding v. . the Chrome Steel Company
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon, an order made February 8, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a chattel mortgage, dated October 22, 1879, purporting to have been executed by defendant, the Chrome Steel Company.
Read the full summary
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon, an order made February 8, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a chattel mortgage, dated October 22, 1879, purporting to have been executed by defendant, the Chrome Steel Company. The defense was that at the time of the execution of the mortgage the- company was insolvent, and that the mortgage was executed in contemplation of insolvency. The facts, so far as material, are stated in the…
1Opinion of the CourtDanforth, J.
The material question in this case arises upon the finding of the trial court that the Chrome Steel Company was insolvent, and while in this'condition made, and the plaintiff received, the mortgage ini controversy, “ in contemplation of the insolvency of the company.” It was fairly-presented by the answer, was the point mainly if not altogether litigated at the trial, and upon it the court declared the mort gage invalid. Other points have also been discussed by the respondents’ counsel, but we do ifcit think it necessary to decide them, nor that they can fairly come here until after they have…
2Cases cited6 opinions
- Tiffany v. Boatman's InstitutionSupreme Court of the United States · 1874
- Haxton v. BishopNew York Supreme Court · 1829
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Robinson v. . the Bank of AtticaNew York Court of Appeals · 1860
- Castle v. . LewisNew York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- In Re Anjopa Paper & Board Manufacturing Co.District Court, S.D. New York · 1967
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
44 more not listed; retrieve them via the Exa API.