Karst v. . Gane
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 13, 1891, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 13, 1891, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This was an action brought hy plaintiff, among other things, to have a chattel mortgage, executed hy the firm of Barr & Miller to the defendants, George A. Gane and Thomas T. Gane, declared void, and the lien of certain judgments, recovered by plaintiff against said mortgagors, declared prior thereto. The facts, so…
1Opinion of the Court
Andrews, Ch. J.
This is a contest between the plaintiff, a judgment and execution creditor of the firm of Barr & Miller, and the defendants George A. Gane and Thomas T. Gane, mortgagees of chattels, as to priority of lien.
In January, 1890, the plaintiff recovered judgments against Edward Barr and Herman C. Miller, upon notes made by the film of Barr & Miller during the year 1889, but prior to September 25, 1889, and which matured in October, November and December of that year. Executions were issued upon the judgments, and levied upon certain machinery of Barr & Miller, then in then*…
2Cases cited4 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
- Marsden v. . CornellNew York Court of Appeals · 1875
- Kitchen v. . LoweryNew York Court of Appeals · 1891
3Cited by91 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Stephens v. . PerrineNew York Court of Appeals · 1894
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
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