Legal Opinion

Kitchen v. . Lowery

New York Court of Appeals

Decided April 28, 1891PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 20, 1889, which affirmed a judgment in favor of defendants dismissing the complaint, entered upon a decision of the court on trial at Special Term.

1Opinion of the Court

Haight, J:

This action was brought by the plaintiff as a judgment creditor of Samuel S. Lowery and George M. Lowery to set aside a general assignment for the benefit of creditors and two chattel mortgages made by them.

Samuel S. and George H. Lowery were copartners doing business under the film name of S. S. Lowery & Son, and on the 24th day of December, 1883, they executed and delivered to the defendant Sheard a chattel mortgage on certain machinery and other personal property owned by them to secure him for his accomodation indorsements for the firm. The mortgage was filed August 24, 1885.…

2Cases cited5 opinions

  1. Lansing v. EastonNew York Court of Chancery · 1839
  2. Knower v. Central National BankNew York Court of Appeals · 1891
  3. Sullivan v. . MillerNew York Court of Appeals · 1887
  4. Davenport v. . KellyNew York Court of Appeals · 1870
  5. Storm v. WaddellNew York Court of Chancery · 1845

3Cited by22 opinions

  1. Karst v. . GaneNew York Court of Appeals · 1893
  2. Sheldon v. . WickhamNew York Court of Appeals · 1900
  3. Schnitzer v. Fruehauf Trailer Co.Appellate Division of the Supreme Court of the State of New York · 1954
  4. Moore v. ChilsonArizona Supreme Court · 1924
  5. American & British Securities Co. v. American & British Mfg. Corp.District Court, S.D. New York · 1921

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