Legal Opinion
New York Trust Co. v. Island Oil & Transport Co.
Court of Appeals for the Second Circuit
Decided May 20, 1929No. 174PublishedCited by 7 opinions
1Opinion of the CourtL. Hand, Circuit Judge
(after stating the facts as above). We shall adopt the receivers’ interpretation of section 230 of the New York'Lien Law (Consol. Laws, c. 33), not because we think it correct, but because the ease does not require a decision upon it, and it is best, when we can, to await an authoritative ruling of the state courts. We shall therefore assume that shares of stock are chattels, that the deed was a mortgage, and that, not being filed, it should have been “accompanied by an immediate delivery and followed by an actual and continued change of possession.” We must remember, however, that it is only…
2Cases cited11 opinions
- Winters v. United StatesSupreme Court of the United States · 1908
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Green v. Van BuskirkSupreme Court of the United States · 1867
- Potter Mfg. Co. v. ArthurCourt of Appeals for the Sixth Circuit · 1915
- Marvin Safe Co. v. NortonSupreme Court of New Jersey · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rockmore v. LehmanCourt of Appeals for the Second Circuit · 1942
- Rubenstein v. NourseCourt of Appeals for the Eighth Circuit · 1934
- Banque De France v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Second Circuit · 1932
- Murphy v. Bankers Commercial Corp.District Court, S.D. New York · 1953
- Sammet v. MayerCourt of Appeals for the Second Circuit · 1939
2 more not listed; retrieve them via the Exa API.