Legal Opinion

In re New York Economical Printing Co.

Court of Appeals for the Second Circuit

Decided August 22, 1901No. 156PublishedCited by 65 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy.

1Opinion of the Court

WALLACE, Circuit Judge.

The question in this case is whether the trustee in bankruptcy or the mortgagee in a chattel mortgage executed by the bankrupt is entitled to a fund in the registry of the bankruptcy court arising from a sale of the mortgaged property pursuant to an order of that court, which order provided that all liens upon the property should attach to the proceeds. The mortgage was made July 31, 1895, and secured the payment of certain bonds maturing January 1, 1911. Possession of the mortgaged property was not- delivered to the mortgagee, and the property remained in the…

2Cases cited19 opinions

  1. Stewart v. PlattSupreme Court of the United States · 1879
  2. Thompson v. . Van VechtenNew York Court of Appeals · 1863
  3. Karst v. . GaneNew York Court of Appeals · 1893
  4. Stephens v. . PerrineNew York Court of Appeals · 1894
  5. Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899

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3Cited by65 opinions

  1. Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
  2. In re GarcewichCourt of Appeals for the Second Circuit · 1902
  3. In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
  4. In re KelloggCourt of Appeals for the Second Circuit · 1903
  5. Eastman v. ParkinsonWisconsin Supreme Court · 1907

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