NEW YORK EGG AUCTION, INC., v. SCHECHTER


277 A.D. 1041 (1950)

New York Egg Auction, Inc., Appellant, v. William Schechter, as Trustee in Bankruptcy of Ira M. Zucker, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1950.


On the undisputed showing it appears without question that there was no payment by the debtor of the amount secured by the bond and mortgage. Section 60 of the Bankruptcy Act (U. S. Code, tit. 11, § 96) cannot be invoked as a defense with respect to the security of the mortgage for future purchases or advances, as even a bona fide purchaser for value would have been put on notice by the provision of the recorded mortgage that it applied to future...

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