In re Braue
Appellate Terms of the Supreme Court of New York
Appeal by Lucille Pugh, the receiver of the judgment debtor herein, from an order denying her motion to vacate an order which granted permission to Anna Gr. Fogarty to take such legal proceedings as may be necessary for the purpose of foreclosing a certain chattel mortgage given by the judgment debtor, including taking possession of the property involved.
1Opinion of the CourtLehman, J.
On the 14th day of December, 1910, an order w,as made appointing Lucille Pugh receiver of the property of John J. Fogarty. The receiver took possession of the property, including certain chattels covered by a chattel mortgage then past due. On January 6,1911, the receiver was authorized and directed to commence an action to have this chattel mortgage adjudged fraudulent and void. On February 1, 1911, and before that action was commenced, the owner of the chattel mortgage applied to the court and obtained an order-without notice to the receiver granting her “ permission to take such legal…
2Cases cited3 opinions
- Noe v. GibsonNew York Court of Chancery · 1839
- In re Commercial BankAppellate Division of the Supreme Court of the State of New York · 1898
- Levy v. StanionAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Cohen v. Home Insurance Co.Superior Court of Delaware · 1918