Reynolds v. . Ellis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 34 Hun, 47.) This was an equitable action, brought by the appellant for the purpose of subjecting the proceeds of certain chattels theretofore sold by the defendant Ellis as assignee, etc:, to the payment of rent due and to become due from the defendant H. F. Van Dake. It appeared upon the trial that in March, 1879, the…
1Opinion of the CourtDanforth, J.
Upon this appeal the expectation of success seems to rest chiefly upon a supposed distinction between the clause in question and a chattel mortgage. It is upon the appellant’s points styled a “ lien clause,” and the contention is that as it does not purport “ to pass the title to the property, it cannot be said to be a mortgage, or a conveyance intended to operate as a mortgage,” within the provisions of law in regard to the filing of chattel mortgages (Laws of 1833, chap. 279 ; Laws of 1879, chap. 418), or those which relate to fraudulent conveyances or transfers of personal property. (2 R.…
2Cases cited5 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Edgell v. . HartNew York Court of Appeals · 1853
3Cited by13 opinions
- Harvey v. . McDonnellNew York Court of Appeals · 1889
- Merchants' & Mechanics' Savings Bank v. LovejoyWisconsin Supreme Court · 1893
- In re Floyd-Scott Co.District Court, D. Massachusetts · 1915
- In re F. & D. Co.Court of Appeals for the Second Circuit · 1919
- Stich v. PirklNew York Supreme Court · 1917
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