In re Collins
U.S. Circuit Court for the District of Eastern New York
Appeal from the district court of the United States for the eastern district of New York. In bankruptcy. A petition was presented to the district court by Carston Schomaker, setting forth, that, in May, 1873, he sold and delivered to Charles Collins three locomotive tubular boilers, for the price of $1,500; that, on the 29th of October, 1873, said Collins gave to him a chattel mortgage on said boilers, for $1,448.40, a part of the purchase money of said boilers, which had…
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Appeal from the district court of the United States for the eastern district of New York. In bankruptcy. A petition was presented to the district court by Carston Schomaker, setting forth, that, in May, 1873, he sold and delivered to Charles Collins three locomotive tubular boilers, for the price of $1,500; that, on the 29th of October, 1873, said Collins gave to him a chattel mortgage on said boilers, for $1,448.40, a part of the purchase money of said boilers, which had not been paid; that said chattel mortgage was not filed for record until June 5th, 1874, and had not been paid, but said…
1Opinion of the Court
HUNT, Circuit Justice.
The argument of the appellant is, that, by the statutes of New York (3 Rev. St., 5th Ed., 222, § 9) a chattel mortgage not accompanied by an im•mediate delivery and continued change of possession of the thing mortgaged, “shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed” as directed in a section following; and that the assignee represents the creditors of the bankrupt, as well as the bankrupt, and, by the statutes of New York (3…
2Cases cited10 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Parshall v. . EggertNew York Court of Appeals · 1873
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- Rinchey v. . StrykerNew York Court of Appeals · 1863
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3Cited by10 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- Brown v. BrabbMichigan Supreme Court · 1887
- Ryder v. RyderSupreme Court of Rhode Island · 1895
- Crisfield v. BogardusNew York Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.