Guardian Life Insurance of America v. Newman

Appellate Division of the Supreme Court of New York

Guardian Life Insurance of America v. Newman

240 A.D. 986

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1933

StatusPublished

This text of 240 A.D. 986 (Guardian Life Insurance of America v. Newman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guardian Life Insurance of America v. Newman, 240 A.D. 986 (N.Y. Ct. App. 1933).

Pincite

Opinion

Judgment unanimously affirmed, with costs. As against judgment creditors of the mortgagor, we are of opinion that the clause in the mortgage purporting to mortgage “ furniture, fixtures and other necessary equipment for the operation of the building * * * belonging to the mortgagor at any time in, * * * or used in such operations,” is unavailable to constitute a lien which would affect the rights of such judgment creditors. (See Kribbs v. Alford, 120 N. Y. 519, 524; R. D. Co. v. Rasey, 142 id. 570, 575, 577; Zartman v. First Nat. Bank, 189 id. 267, 271; Titusville Iron Co. v. City of New York, 207 id. 203; Diana Paper Co. v. Wheeler-Green Electric Co., 228 App. Div. 577, 578.) Present — Lazansky, P. J., Kapper, Carswell, Tompkins and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed, with costs. As against judgment creditors of the mortgagor, we are of opinion that the clause in the mortgage purporting to mortgage “ furniture, fixtures and other necessary equipment for the operation of the building * * * belonging to the mortgagor at any time in, * * * or used in such operations,” is unavailable to constitute a lien which would affect the rights of such judgment creditors. (See Kribbs v. Alford, 120 N. Y. 519, 524; R. D. Co. v. Rasey, 142 id. 570, 575, 577; Zartman v. First Nat. Bank, 189 id. 267, 271; Titusville Iron Co. v. City of New York, 207 id. 203; Diana Paper Co. v. Wheeler-Green Electric Co., 228 App. Div. 577, 578.) Present — Lazansky, P. J., Kapper, Carswell, Tompkins and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

240 A.D. 986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guardian-life-insurance-of-america-v-newman-nyappdiv-1933.

Opinion

Related

Cite This Page — Counsel Stack