Wyckoff v. Remsen
New York Court of Chancery
This was an appeal from a decree of the late assistant vice chancellor of the first circuit, dismissing the complainant’s bill.
1Opinion of the Court
The Chancellor.
The mortgage in this case, if in fact executed and delivered before the general assignment of the mortgagor, for the benefit of his creditors, would be entitled to a preference as between the complainant and the assignees; although the assignment to them was recorded before the recording of the mortgage. But if the mortgage was not in fact executed and delivered to the mortgagee, or to some one for his use, previous to such assignment, the assignees are entitled to a preference; although the mortgage was dated and acknowledged before the execution of the deed of assignment. The…
2Cited by4 opinions
- County of Henry v. BradshawSupreme Court of Iowa · 1866
- In re the General Assignment for the Benefit of Creditors of Thelmco, Inc.New York Supreme Court · 1940
- Mechanics' Banking Ass'n v. New York & Saugerties White Lead Co.New York Supreme Court · 1860
- Mechanics' Banking Ass'n v. New York & Saugerties White Lead Co.New York Supreme Court · 1860