Legal Opinion

Small v. Muller

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 2 opinions

Appeal by the defendant, Conrad Muller, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings' on the 27th day of June, 1901, enjoining said defendant and others from interfering with the sale by the plaintiff of the chattels and machinery situated in the plant of William M. Dean & Company and of the lease upon which such plant is operated.

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Appeal by the defendant, Conrad Muller, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings' on the 27th day of June, 1901, enjoining said defendant and others from interfering with the sale by the plaintiff of the chattels and machinery situated in the plant of William M. Dean & Company and of the lease upon which such plant is operated. Also from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of October, 1901,…

1Opinion of the Court

Willard Bartlett, J.:

This is a suit by a trustee in bankruptcy to set aside a chattel mortgage and bill of sale as fraudulent and void, and to enjoin the defendant from interfering with the property described in said instruments or claiming any title thereto, at a sale thereof, by the plaintiff., A State court is not debarred from jurisdiction in such an action by the provisions of the Bankruptcy Act of 1898. (30 U. S. Stat. at Large, 544; Bardes v. Hawarden Bank, 178 U. S. 524.)

The objection to the orders under review is that they practically dispose of the litigation in favor of the…

2Cases cited2 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Brush v. . JayNew York Court of Appeals · 1889

3Cited by2 opinions

  1. Shammah v. ShammahNew York Supreme Court · 2008
  2. Vollkommer v. Solon L.Appellate Division of the Supreme Court of the State of New York · 1905

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