McCrea v. Hopper
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William G-. McCrea, from a judgment of the Supreme Court in favor of the defendant, Isaac A. Hopper, as trustee, entered in the office of the clerk of the county of Hew York on the 24th day of December, 1897, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the plaintiff’s complaint and foreclosing the defendant Hoppér’s mortgage, except from so much of said judgment as adjudges the plaintiff’s mortgage…
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Appeal by the plaintiff, William G-. McCrea, from a judgment of the Supreme Court in favor of the defendant, Isaac A. Hopper, as trustee, entered in the office of the clerk of the county of Hew York on the 24th day of December, 1897, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the plaintiff’s complaint and foreclosing the defendant Hoppér’s mortgage, except from so much of said judgment as adjudges the plaintiff’s mortgage to be a first lien upon the goods, chattels and property set forth in Schedule A of the complaint, fixes the amount due…
1Opinion of the Court
Barrett, J.:
This action was brought to foreclose a mortgage upon certain chattels, given by the defendant Moffat to the plaintiff on the 26th *574day of March, 1894. Hopper was made a party defendant as a person having some interest in or lien upon the mortgaged chattels. Judgment was asked against him that he be barred and foreclosed of all equity of redemption in and to the chattels. Moffat did not defend. Hopper alone defended. In his answer he admits the execution and delivery by Moffat to the plaintiff of the latter’s mortgage, also that the same was duly tiled and retiled. He then denies…
2Cases cited5 opinions
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Paige v. . WilletNew York Court of Appeals · 1868
- Meech v. . PatchinNew York Court of Appeals · 1856
- David Stevenson Brewing Co. v. Eastern Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Metropolitan Trust Co. v. Tonawanda Valley & Cuba RailroadNew York Supreme Court · 1887
3Cited by13 opinions
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- In re Parkway Knitting Mills, Inc.Court of Appeals for the Second Circuit · 1941
- In re Nassau Press, Inc.District Court, E.D. New York · 1966
- Loew v. McInerneyAppellate Division of the Supreme Court of the State of New York · 1913
- National Gum & Mica Co. v. MacCormackAppellate Division of the Supreme Court of the State of New York · 1908
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