Zartman v. First National Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. The object of this action was to determine the rights of the parties to a fund realized from a sale in bankruptcy of the property of the Waterloo Organ Company, a manufacturing corporation formerly carrying on the business of making and selling organs, pianos and other musical instruments in the village of Waterloo. All the property of the company, both…
1Opinion of the CourtYarn, J.
The question presented by this appeal is whether, in a mortgage given by a manufacturing corporation upon all its property, real and personal, to secure its negotiable bonds with the right of possession and enjoyment in the mortgagor for its own use and benefit until default, a clause, purporting in terms to cover after-acquired personal property, is good as to shifting stock and material on hand when possession was taken by the mortgagee pursuant to the jiro visions of the mortgage, one day after default in the payment of interest and three days before the commencement of bankruptcy…
2Cases cited19 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Southard v. . BennerNew York Court of Appeals · 1878
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Dooley v. PeaseSupreme Court of the United States · 1901
- Stephens v. . PerrineNew York Court of Appeals · 1894
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3Cited by71 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Barnett v. JaspanCourt of Appeals for the Second Circuit · 1942
- MacDonnell v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1908
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
66 more not listed; retrieve them via the Exa API.