Majority
p. 374(70 Hun, 599.) BULLARD et al. v. KENYON et al. (Supreme Court, General Term, Third Department. July 8, 1893.)
Headnote
Chattel Mortgages—Record—Antecedent Creditors.Laws 1833, c. • 279, § 1, which provides that a mortgage of chattels, not accompanied by an immediate delivery, and an actual and continued change of possession, shall be absolutely void, “as against creditors of the mortgagor,” unless filed in the proper office, applies to creditors at large who become such after the execution of the mortgage, as well as to those whose debts existed before that time. 21 N. Y. Supp. 32 , reversed. Karst v. Gane, 32 N. E. Rep. 1073 , 136 N. Y. 316 , followed.
On rehearing.
For former report, see 21 N. Y. Supp. 32 .
Heretofore the judgment of the trial court in this case was affirmed by this court upon appeal. Subsequently, at the February term, 1893, of this court, a reargument of the appeal was ordered. Upon a reconsideration of the case, we are satisfied that it comes plainly within the rules laid down in Karst v. Gane, 136 N. Y. 316 , 32 N. E. Rep. 1073 , and that, following that case, the judgment herein should be reversed, and a new trial ordered, costs to abide the event.
Cases cited
- Karst v. Gane 136 N. Y. 316 p. 374