Brunnemer v. Cook & Bernheimer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Cook & Bernheimer Company, from a. judgment of the Supreme Court in favor of the plaintiff and the defendant, Frank L. Entwisle, as trustee of the estate of James M. Connelly, entered in the office of the clerk of the county of Kings on the 12th day of.
Read the full summary
Appeal by the defendant, the Cook & Bernheimer Company, from a. judgment of the Supreme Court in favor of the plaintiff and the defendant, Frank L. Entwisle, as trustee of the estate of James M. Connelly, entered in the office of the clerk of the county of Kings on the 12th day of. September, 1902, upon the decision of the court rendered after a trial at the Kings County Special Term,. arid also from an order entered in said clerk’s office on the 4th day of September, 1902, denying the appellant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review…
1Opinion of the Court
Jehks, J.:
The appellant contends that a receiver in supplementary proceedings cannot bring this action to avoid a chattel mortgage made by the judgment debtor on the ground that it was not filed in the proper -county. Stephens v. Perrine (143 N. Y. 476) is against him. The learned counsel would avoid it by contending that it has been shaken by subsequent judgments, namely, Sheldon v. Wickham (161 N. Y. 500); Stephens v. Meriden Britannia Co. (160 id. 178); Castleman v. Mayer (55 App. Div. 515; affd., 168 N. Y. 354).. It is necessary to •examine this contention. Stephens v. Meriden Britannia…
2Cases cited15 opinions
- Stewart v. PlattSupreme Court of the United States · 1879
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Stephens v. . PerrineNew York Court of Appeals · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hunter v. AllenAppellate Division of the Supreme Court of the State of New York · 1905