Legal Opinion

In re Novelty Belts Manufacturing Co.

District Court, S.D. New York

Decided April 30, 1959PublishedCited by 2 opinions

1Opinion of the Court

WEINFELD, District Judge.

Petitioner, Eastern Factors, Inc., seeks review and reversal of an Order of the Referee in Bankruptcy which declared null and void a chattel mortgage executed to it by the Bankrupt, Novelty Belts Manufacturing Co., Inc.

The Referee found that the mortgage was intended to operate as a mortgage upon a stock of merchandise in bulk or upon merchandise and fixtures pertaining to the conduct of the business of the Bankrupt, and since notice was not given to creditors, held it was void under section 230-a of the New York Lien Law,

The Referee based his conclusion upon an…

2Cases cited10 opinions

  1. John Costello, Trustee in Bankruptcy of Leonard Plumbing and Heating J. A. Fazio and Lawrence C. Ambrose v. J. A. Fazio and Lawrence C. AmbroseCourt of Appeals for the Ninth Circuit · 1958
  2. In Re SandowCourt of Appeals for the Second Circuit · 1945
  3. Matter of Michael Morasco, Bankrupt. I. Louis Kottler, Trustee-Appellee, Mercury Dry Cleaning Equipment Co. And Kaypan Dry Cleaning MacHinery Corp.Court of Appeals for the Second Circuit · 1956
  4. In re GurinskyDistrict Court, S.D. New York · 1951
  5. In Re GurinskyCourt of Appeals for the Second Circuit · 1952

5 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In Re Dejay Stores, Inc.District Court, S.D. New York · 1963
  2. In Re Transatlantic and Pacific Corp.District Court, S.D. New York · 1963

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