David Stevenson Brewing Co. v. Iba
New York Court of Appeals
Appeal from a judgment of the General Term of the late Superior Court of the city of New York, entered May 6,1895, affirming a judgment entered upon a decision of the court on trial at Special Term in favor of the plaintiff and against the defendants Lewis for the sum of §2,131.54, and adjudging a chattel mortgage made by one George W. Sawyer, not a party to the action, to be a second mortgage and a lien subordinate to the mortgage executed by said Sawyer to the plaintiff.
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Appeal from a judgment of the General Term of the late Superior Court of the city of New York, entered May 6,1895, affirming a judgment entered upon a decision of the court on trial at Special Term in favor of the plaintiff and against the defendants Lewis for the sum of §2,131.54, and adjudging a chattel mortgage made by one George W. Sawyer, not a party to the action, to be a second mortgage and a lien subordinate to the mortgage executed by said Sawyer to the plaintiff. The facts, so far as material, are stated in the opinion. The defendants Isaac Lewis & Sons, being innocent bona fide…
1Opinion of the Court
Parker, Ch. J.
One Sawyer, being indebted to the plaintiff and to the defendant Caspar Iba, made an agreement with them that the plaintiff should lend him the further sum of nine hundred dollars, ‘and accept as security for the entire indebtedness a chattel mortgage which should be a first lien upon certain personal property of Sawyer’s, Sawyer to turn over such sum of nine hundred dollars to Iba, to whom he owed one thousand nine hundred and twenty-five dollars, and give to him a second chattel mortgage on the same property to secure the sum of one thousand and twenty-five dollars. Hot only…
2Cases cited3 opinions
- Greene v. . WarnickNew York Court of Appeals · 1876
- Decker v. . BoiceNew York Court of Appeals · 1880
- Rapps v. . GottliebNew York Court of Appeals · 1894
3Cited by15 opinions
- Kommel v. Herb-Gner Construction Co.New York Court of Appeals · 1931
- In re the Accounting of McClancyNew York Surrogate's Court · 1943
- Beck v. SheldonNew York Court of Appeals · 1932
- Liebowitz v. Arrow Roofing Co.New York Court of Appeals · 1932
- Clark v. RowellNew York County Court, Delaware County · 1937
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