David Stevenson Brewing Co. v. Eastern Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the David Stevenson Brewing Company, from a judgment of the Supreme Court in favor of the defendant, the Eastern Brewing Company, entered in the office of the clerk of the county of Kings on the 21st day of April, 189(5, upon the decision of the court rendered after a trial at the Kings County Special Term, except from so much of said judgment as directs that the plaintiff recover of the defendants Blaney the sum of $3,030.46.
1Opinion of the Court
Bradley, J.:
The action was brought to foreclose a chattel mortgage made by the defendants Blaney to the executors, etc., of David Stevenson of date May 9, 1893, and assigned to the plaintiff. The defendant company claimed title to a portion of the mortgaged goods and chattels through a sale of them by virtue of an execution issued upon a judgment recovered against the defendants Blaney in October, 1895. The question presented is whether or not the mortgage had then ceased to be valid as against the creditors of the ■mortgagors. And this depends upon the effect of failure in the refiling of…
2Cases cited3 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Matter of Estate of PrimeNew York Court of Appeals · 1893
- Ely v. . CarnleyNew York Court of Appeals · 1859
3Cited by15 opinions
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- McCrea v. HopperAppellate Division of the Supreme Court of the State of New York · 1898
- Security First National Bank v. SartoriCalifornia Court of Appeal · 1939
- In re Parkway Knitting Mills, Inc.Court of Appeals for the Second Circuit · 1941
- Cobb v. International State BankSupreme Court of Colorado · 1919
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