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MATTER OF MFRS. TRUST CO. v. RALPH

276 A.D. 118 (1949)

In the Matter of Manufacturers Trust Company, Appellant, v. Henry W. Ralph, as Register of The City of New York, Respondent

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

November 28, 1949.

Attorney(s) appearing for the Case

George B. Balamut of counsel (William I. Rodier, Jr., with him on the brief; Newman & Bisco, attorneys), for appellant.

Morris R. Weitzer of counsel (Harry E. O'Donnell and Reuben Levy with him on the brief; John P. McGrath, Corporation Counsel, attorney), for respondent.

GLENNON and COHN, JJ., concur with DORE, J.; PECK, P. J. and VAN VOORHIS, J., dissent in opinion.

DORE, J.

The main issue presented for our determination is whether, under applicable provisions of the Administrative Code, petitioner bank may compel respondent, Register of the City of New York, to file the chattel mortgage in question on paying a filing fee of only $1.55, or whether the proper filing fee is $45.30, as the register contends, on the basis that the total indebtedness actually involved in the mortgage...

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