Pruyne v. Adams Furniture & Manufacturing Co.
New York Supreme Court
Appeal from special term, Jefferson county. Action by La Fayette E. Pruyne, as trustee for the benefit of bondholders, against the Adams Furniture & Manufacturing Company, Limited, George W. Hannahs, as temporary receiver of said company, Martha A. Sinclair, the Citizens’ National Bank of Adams, N. Y., Harrison Fuller, De Alton Dwight, John Sinclair, and Austin W. Ingraham. Judgment was entered in favor of plaintiff, and defendants appeal.
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Appeal from special term, Jefferson county. Action by La Fayette E. Pruyne, as trustee for the benefit of bondholders, against the Adams Furniture & Manufacturing Company, Limited, George W. Hannahs, as temporary receiver of said company, Martha A. Sinclair, the Citizens’ National Bank of Adams, N. Y., Harrison Fuller, De Alton Dwight, John Sinclair, and Austin W. Ingraham. Judgment was entered in favor of plaintiff, and defendants appeal. The action was to foreclose a mortgage or trust deed executed by the Adams Furniture & Manufacturing Company, Limited, to the plaintiff. It was dated the…
1Per curiam
The appellants insist that the lien of the mortgage or trust deed given to the respondent by the Adams Furniture & Manufacturing Company, Limited, is inferior to the lien of their judgments, because it was not properly acknowledged, or attested by one witness, as required by the statute. Rev. St. (8th Ed.) p. 2451, § 137. We are of the opinion that the proof or acknowledgment was a sufficient compliance with the statute, and that the trust deed or mortgage, when thus acknowledged and delivered, became effectual against subsequent purchasers or incumbrancers. We find no statute which…
2Cases cited14 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Asche v. . AscheNew York Court of Appeals · 1889
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
- Champney v. . CoopeNew York Court of Appeals · 1865
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3Cited by7 opinions
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- Fidelity & Columbia Trust Co. v. Louisville Railway Co.Court of Appeals of Kentucky (pre-1976) · 1935
- New York Public Library v. TildenNew York Supreme Court · 1902
- Fahey v. OttenheimerAppellate Division of the Supreme Court of the State of New York · 1927
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