In re F. & D. Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the F. & D. Company, bankrupt. Petition by Marshall S. Hagar, trustee, to revise order of District Court.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the F. & D. Company, bankrupt. Petition by Marshall S. Hagar, trustee, to revise order of District Court. This cause comes here on petition to review an order in bankruptcy, entered in the United States District Court for the Southern District of New York and entered therein on the 2d day of October, 1018. The bankrupt executed a mortgage, dated 5th of February, 1912, to Thomas W. Joyce for the sum of $050,000. This mortgage was subordinate to a mortgage executed by the…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] The sole question to be determined by this court is whether the mortgage given to the respondent Joyce, the second mortgage, is a chattel mortgage and good as against creditors, although it was filed as a real estate mortgage, and not separately as a chattel mortgage. Do the *75laws of the state of New York require that this mortgage should also be filed as a chattel mortgage? The District Court filed a memorandum opinion, in which it declared that the case of Clement v. Congress Hall, 72 Misc. Rep. 519, 132 N. Y. Supp. 16, is flat authority in favor of…
2Cases cited8 opinions
- Zartman v. First National BankNew York Court of Appeals · 1907
- Pease v. PeckSupreme Court of the United States · 1856
- Erie Railroad v. HiltSupreme Court of the United States · 1918
- Beals v. HaleSupreme Court of the United States · 1846
- Reynolds v. . EllisNew York Court of Appeals · 1886
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3Cited by5 opinions
- The Fort OrangeDistrict Court, S.D. New York · 1933
- Field v. Fidelity Union Trust Co.Court of Appeals for the Third Circuit · 1939
- City Bank Farmers' Trust Co. v. Hudson River Navigation Corp.District Court, S.D. New York · 1933
- Field v. Fidelity Union Trust Co.Court of Appeals for the Third Circuit · 1939
- In re Downtown Athletic Club of New York City, Inc.District Court, S.D. New York · 1936