Legal Opinion

In re Hornstein

District Court, N.D. New York

Decided April 3, 1903PublishedCited by 23 opinions

In Bankruptcy. This is a motion by and on behalf of Julius Sirlin, the plaintiff in an action in the state court, brought against the sheriff of Onondaga county, to vacate an injunction or restraining order granted on the application of Neil Brewster, receiver herein, on the 14th day of March, 1903, which, among other things, enjoins said plaintiff from collecting or transferring, disposing of, or in any manner interfering with a judgment obtained against said sheriff in…

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In Bankruptcy. This is a motion by and on behalf of Julius Sirlin, the plaintiff in an action in the state court, brought against the sheriff of Onondaga county, to vacate an injunction or restraining order granted on the application of Neil Brewster, receiver herein, on the 14th day of March, 1903, which, among other things, enjoins said plaintiff from collecting or transferring, disposing of, or in any manner interfering with a judgment obtained against said sheriff in said action.

1Opinion of the Court

RAY, District Judge.

On or about December 31, 1902, Herman J. Hornstein, the alleged bankrupt, executed and delivered to one Julius Sirlin a chattel mortgage to secure the sum of ,$500, a present, new consideration, it is alleged, covering all his property of every, name and nature. This mortgage was filed in the proper clerk’s office on the same day. This mortgage contained the usual power to take possession of and sell such mortgaged property. On the 6th ■day of January, 1903, said property, except some store fixtures, was removed by the mortgagee to a warehouse in the city of Syracuse, N.…

2Cases cited9 opinions

  1. White v. SchloerbSupreme Court of the United States · 1900
  2. Hill v. HardingSupreme Court of the United States · 1883
  3. In re GilletteDistrict Court, W.D. New York · 1900
  4. In re GeisterDistrict Court, N.D. Iowa · 1899
  5. In re Burlington Malting Co.District Court, E.D. Wisconsin · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
  2. In re Automatic Typewriter & Service Co.Court of Appeals for the Second Circuit · 1921
  3. Greenville Banking & Trust Co. v. SelcowCourt of Appeals for the Third Circuit · 1928
  4. Morehouse v. Giant Powder Co.Court of Appeals for the Ninth Circuit · 1913
  5. In re ScruggsDistrict Court, S.D. Alabama · 1913

18 more not listed; retrieve them via the Exa API.

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