In re Post & Davis Co.
Court of Appeals for the Second Circuit
Petition to Revise and Appeal from Order of the District Court of the United States for the Southern District of New York.
Read the full summary
Petition to Revise and Appeal from Order of the District Court of the United States for the Southern District of New York. This cause comes here upon appeal by the trustee in bankruptcy and petition to revise an order of the District Court, Southern District of New York, directing him to turn over to Libbie Buggeln, the respondent, the proceeds of a sale of certain chattels claimed by her under a chattel mortgage made by the corporation to Elizabeth Post, the wife of its president and by her assigned to the respondent.
1Opinion of the Court
LACOMBE, Circuit Judge.
Three objections to the chattel mortgage were urged by the trustee. First. That there was no consideration proved. Second. That the mortgage had not been kept alive as a lien by proper refiling under the statutes. Third. That it was invalid because it was not executed in compliance with section 6 of article 2 *172of the Laws of 1909 (Consolidated Laws, c. 59). All three objections were overruled by the Special Master and the District Court. The last objection only need be here considered.
The statute referred to reads as follows:
“Every stock corporation * * * may mortgage…
2Cases cited6 opinions
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Rochester Savings Bank v. . AverellNew York Court of Appeals · 1884
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Hamilton Trust Co. v. . ClemesNew York Court of Appeals · 1900
- Black v. . EllisNew York Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Karasik v. People's Trust Co.District Court, E.D. New York · 1917
- Schreiber v. Butte Copper & Zinc Co.District Court, S.D. New York · 1951
- Willcox v. GoessCourt of Appeals for the Second Circuit · 1937
- Commerce Trust Co. v. ChandlerCourt of Appeals for the First Circuit · 1924
- Gamaldi v. ColonCourt of Appeals for the Second Circuit · 1935
7 more not listed; retrieve them via the Exa API.