Couch v. Millard
New York Supreme Court
Appeal from so much of a judgment, entered upon the report of a referee, as awarded costs to the defendants. The notice of appeal stated that the appellant intended to bring up for review on said appeal the order giving an extra allowance of costs in said action to the defendants.
1Opinion of the Court
Follett, J.:
December 1, 1875, Millard, Underwood & Go. executed a chattel mortgage to defendants which covered a large quantity of lumber, and two or more mills and the machinery in them. June 27, 1876, Millard, Underwood & Co. filed a voluntary petition in bankruptcy, upon which they were adjudged bankrupts December 26, 1876, and March 12,1877, the plaintiff was appointed assignee in bankruptcy. April 29, 1876, the defendants began the foreclosure of their mortgage by taking possession of the chattels, and sold them at public auction and at private sale to various purchasers and on various…
2Cases cited3 opinions
- Crippen v. HeermanceNew York Court of Chancery · 1841
- Stevens v. VerianeNew York Supreme Court · 1870
- Winslow v. CollinsNew York Court of Chancery · 1831