Bragelman v. . Daue
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the Court at Special Term, and upon a referee’s report and an order confirming the same. This action was brought to have a bill of sale, executed by plaintiff to defendant, declared a mortgage, and for an accounting, redemption, etc. Prior to August 28, 1872, the parties hereto were co-partners .in business.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the Court at Special Term, and upon a referee’s report and an order confirming the same. This action was brought to have a bill of sale, executed by plaintiff to defendant, declared a mortgage, and for an accounting, redemption, etc. Prior to August 28, 1872, the parties hereto were co-partners .in business. On that day plaintiff executed to defendant a bill of sale of all his rights and interests in the property, effects and…
1Opinion of the CourtAndrews, J.
The judge on the trial held that the instruments executed between the parties on the 28th of August, 1873, constituted a mortgage from the plaintiff to the defendant, on the stock of goods and personal property mentioned therein to secure the payment to the latter of $2,000, for his capital invested in the firm of Bragelman & Dane, and the debts of the firm then existing, which, as the evidence tends to show, were assumed by the defendant. Treating, therefore, the instruments as a mortgage, which is, we think, the real nature of the transaction, the rights of the respective parties are easily…
2Cases cited1 opinion
- Charter v. StevensNew York Supreme Court · 1846
3Cited by27 opinions
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- Rodack v. New Moon TheatreAppellate Terms of the Supreme Court of New York · 1923
- Earle v. Gorham Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
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