Skilton v. Codington
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles S. Codington, as trustee in bankruptcy of the estate of William J. Barron, bankrupt, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 1st day of April, 1903, upon the decision of the court, rendered after a trial at the Wayne Special Term, overruling the said defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Hiscock, J. :
This action was brought to establish a lien upon, and secure payment from a fund of $2,600 held by the defendant as the proceeds and in the place of certain personal property, and upon which personal property plaintiff claimed to have a lien by virtue of an instrument in the nature of a chattel mortgage.
The defendant served a demurrer to the complaint upon the grounds that the same did not state facts sufficient to constitute a ■cause of action and that the court had not jurisdiction of the subject-matter of 'the action. The latter ground seems to have been abandoned and at any…
2Cases cited6 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Button v. . Rathbone, Sard Co.New York Court of Appeals · 1891
- Hicks v. WilliamsNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re MyersCourt of Appeals for the Second Circuit · 1928
- In Re MyersDistrict Court, N.D. New York · 1927
- In re BeedeDistrict Court, N.D. New York · 1903
- Skilton v. CoddingtonAppellate Division of the Supreme Court of the State of New York · 1905
- In re BurnhamDistrict Court, W.D. New York · 1905
2 more not listed; retrieve them via the Exa API.