Majority
p. 221Martin V. B. Smith, Resp’t, v, Matthew E. Clarendon et al., App’lts. (Supreme Court, General Term, First Department, Filed July 9, 1889.)
Headnote
Chattel mortgage—When void as to creditors.A mortgage not filed of a chattel not delivered is void as to creditors at large whose claims accrue while the default in filing continues, though such creditors are not in a condition to raise the question unless they have obtained judgment against the property.
Appeal from a judgment at special term in favor of the plaintiff in an action to have a chattel mortgage adjudged void.
William, H. Arnoux, for app’lts; A. Blumenstiel, for resp’t.
In the case of The Campbell Printing Press Co. v. Damon ( 48 Hun, 509 ; 16 N. Y. State Rep., 133),Van Brunt, P. J., said: “It has been the settled law of
p. 222
this state, since the decision of the case of Thompson v. Van Vechten ( 27 N. Y., 568 ), that a mortgage not filed of a ■chattel not delivered is void as to a creditor at large whose ■claim accrues while the default in filing continues, though such creditor is not in a position to raise the question until he has obtained judgment against the property.” This proposition disposes of all the points presented for our consideration in behalf of the appellants in the case at bar, and requires an affirmance of the judgment.
Judgment affirmed, with costs.