Legal Opinion
In re Edward Bibinger, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 30, 1961PublishedCited by 3 opinions
1Opinion of the CourtChrist, J.
A question of circular priorities is presented, involving the rights of holders of two successive mortgages on the same chattels and the rights of the mortgagor’s assignee for the benefit of creditors. The assignment was made on August 22, 1957. The first mortgage had been given by the assignor sometime in 1956, to the First National City Bank of New York, to secure a loan of $12,600. The second mortgage had been given by the assignor on March 8, 1957, to appellant Bloom, to secure a loan of $12,000.
It is undisputed that the bank’s mortgage was not filed in the public office in which it was…
2Cases cited9 opinions
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Hill v. . BeebeNew York Court of Appeals · 1856
- Meech v. . PatchinNew York Court of Appeals · 1856
- Lewis v. . PalmerNew York Court of Appeals · 1863
- In Re the General Assignment for the Benefit of Creditors of Pavone Textile Corp.New York Court of Appeals · 1951
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3Cited by3 opinions
- In re PecoraroDistrict Court, W.D. New York · 1963
- People v. HenriquesNew York Supreme Court · 2005
- In re the General Assignment for the Benefit of Creditors of Enark Industries, Inc.Appellate Terms of the Supreme Court of New York · 1976