Westchester Trust Co. v. Hobby Bottling Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Kelly, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 14th day of June, 1904, upon the decision of the court, rendered after a trial at the Westchester Special Term, directing a foreclosure and sale under a mortgage made by the defendant, the Hobby Bottling Company, as security for the payment of bonds issued by said corporation.
1Opinion of the Court
Willard Bartlett, J.:
The appellant, a judgment creditor of the Hobby Bottling Company, denies the validity of the mortgage in suit, on the ground that it was a mortgage of personal property only, and had not been refiled as required by law. The mortgaged property included a leasehold interest in real estate in Westchester county for a term of ten years. This is a chattel real,* covered by the statute concerning the record of conveyances of real estate. (State Trust Co. v. Casino Co., 19 App. Div. 344.) The term “ real property,” as nsed in the Real Property Law, includes chattels real except…
2Cases cited1 opinion
- State Trust Co. v. Casino Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- In re F. & D. Co.Court of Appeals for the Second Circuit · 1919