Legal Opinion
In Re Herold Radio & Electronics Corp.
District Court, S.D. New York
Decided May 6, 1963PublishedCited by 11 opinions
1Opinion of the Court
McLEAN, District Judge.
The Referee correctly held that the question at issue is to be determined by the law of New York, where the property is located. The provision in the contract that the contract shall be construed in accordance with California law, although effective as between the parties to the contract, does not bind the Trustee. Maguire v. Gorbaty Bros., 133 F.2d 675 (2d Cir. 1943)
On the merits, I reach the same conclusion as the Referee did, although by a somewhat different route. Section 61(2) of the New York Personal Property Law, McK.Consol.Laws, c. 41, sets forth two conditions…
2Cases cited3 opinions
- Burroughs Adding MacH. Co. v. BogdonCourt of Appeals for the Eighth Circuit · 1925
- In Re RaineyDistrict Court, D. Maryland · 1929
- Maguire v. Gorbaty Bros.Court of Appeals for the Second Circuit · 1943
3Cited by11 opinions
- National Equipment Rental, Ltd. v. Priority Electronics Corp.District Court, E.D. New York · 1977
- Orix Credit Alliance, Inc. v. James Pappas and Parashevic PappasCourt of Appeals for the Seventh Circuit · 1991
- PSINet, Inc. v. Cisco Systems Capital Corp. (In Re PSINet, Inc.)United States Bankruptcy Court, S.D. New York · 2001
- In Re Edison Bros. Stores, Inc.United States Bankruptcy Court, D. Delaware · 1997
- McGalliard v. Liberty Leasing Co. of Alaska, Inc.Alaska Supreme Court · 1975
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