Bell v. New York Safety Steam Power Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by Eouis F. Bell against the New York Safety Steam Power Company. On petition of receiver. This is an interlocutory proceeding in-a suit brought to sequestrate and distribute the assets of the defendant company. The receiver appointed in sequestration files a petition asking for instructions as to the disposition of 25 electric generating machines, manufactured by the defendant company and sold to the United States government, but subsequently rejected by it.
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In Equity. Suit by Eouis F. Bell against the New York Safety Steam Power Company. On petition of receiver. This is an interlocutory proceeding in-a suit brought to sequestrate and distribute the assets of the defendant company. The receiver appointed in sequestration files a petition asking for instructions as to the disposition of 25 electric generating machines, manufactured by the defendant company and sold to the United States government, but subsequently rejected by it. The respondents, Knauth, Nachod & Kuhne, who have been made parties, claim the machines by virtue of a contract entered…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). The lien is good inter partes in equity at common law. Walker v. Brown, 165 U. S. 654, 17 Sup. Ct. 453, 41 L. Ed. 865. It is, moreover, good as against a receiver, since the receiver stands in the place of the debtor, unless it be void, first, under the chattel mortgage act, or, second, under the acts against conveyances without change of possession.
Eirst. What law' governs? The contract was made between a New York corporation and a New York firm in New York, and concerned machines which w'ere to be made and sold in Rhode Island. It may well be that a Rhode…
2Cases cited19 opinions
- Walker v. BrownSupreme Court of the United States · 1897
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Westcott v. . FargoNew York Court of Appeals · 1875
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3Cited by1 opinion
- Samuel Olson & Co. v. VoorheesCourt of Appeals for the Third Circuit · 1923