Legal Opinion

York Manufacturing Co. v. Cassell

Supreme Court of the United States

Decided April 2, 1906No. 208PublishedCited by 320 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. • The York Manufacturing Company has appealed from, a judgment of the Circuit Court of Appeals, which held that the company had nó lien upon or right to remove certain machinery, as against creditors of the Mount Yernon Ice, Coal and Milling Company, a bankrupt corporation.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. • The York Manufacturing Company has appealed from, a judgment of the Circuit Court of Appeals, which held that the company had nó lien upon or right to remove certain machinery, as against creditors of the Mount Yernon Ice, Coal and Milling Company, a bankrupt corporation. The facts upon which the question arises are as follows: The corporation above named was organized under the laws of the State of Ohio, and was doing business at Mount Vernon, in that State. The company desired to enlarge its plant for the purpose of making…

1Opinion of the CourtJustice Peckham

The question is simply whether the York Manufacturing Company has a right under its conditional sale of the machinery to the bankrupt corporation to take the machinery out of the premises where it' was placed as against all except judgment, or other, creditors, by some specific lien. There are no judgment creditors in the case and no attachment has been levied, and the question is simply whether the adjudication in bankruptcy is equivalent to a judgment or an attach ment on the property, so as to prevent the York Manufacturing Company from asserting its right to remove the machinery by virtue…

2Cases cited7 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Thompson v. FairbanksSupreme Court of the United States · 1905
  3. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  4. Stewart v. PlattSupreme Court of the United States · 1879
  5. Humphrey v. TatmanSupreme Court of the United States · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by320 opinions

  1. Coder v. ArtsSupreme Court of the United States · 1909
  2. Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
  3. Richardson v. ShawSupreme Court of the United States · 1908
  4. Sexton v. Kessler & Co.Supreme Court of the United States · 1912
  5. Hiscock v. Varick Bank of New YorkSupreme Court of the United States · 1907

315 more not listed; retrieve them via the Exa API.

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