In re Cross
District Court, N.D. New York
In Bankruptcy. In the matter of John M. Cross, bankrupt.' Claim of the City National Bank of Syracuse, as pledgee, for proceeds of goods, allowed.
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In Bankruptcy. In the matter of John M. Cross, bankrupt.' Claim of the City National Bank of Syracuse, as pledgee, for proceeds of goods, allowed. This is a proceeding, on an agreed and stipulated state of facts! to determine the right and title to the sum of $3,028.40 as between Prank B. Hodges, trustee in bankruptcy, and the City Bank of Syracuse, now on deposit in the City National Bank, and which is the proceeds of the sale of certain cases of peas, and which sale was made pursuant to an order of this court dated November 16, 1916, and which directed the deposit of such proceeds in a…
1Opinion of the Court
RAY, District Judge.
[1,2] The claimant, City National Bank of Syracuse, N. Y., contends that, at the time of the bankruptcy of Cross, it held the cases of peas, the right to the proceeds of which is in question here, under a valid pledge of same, evidenced by writings, and accompanied by the necessary delivery, as collateral security for a loan of $2,500 cash, made to the bankrupt by said bank on the 4th day of October, 1916; while the trustee in bankruptcy contends that the transaction and writings constituted a chattel mortgage only, unaccompanied by immediate, or any, delivery of the…
2Cases cited26 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Casey v. CavarocSupreme Court of the United States · 1878
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Karst v. . GaneNew York Court of Appeals · 1893
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3Cited by1 opinion
- Muhleman & Kayhoe, Inc. v. BrownSuperior Court of Delaware · 1945