Majority
p. 663John W. Gibson, Resp’t, v. Augustus F. Ferris et al., App’lts. John W. Gibson, Resp’t, v. Sylvanus Ferris et al. App’lts. (New York Common Pleas, General Term, Filed April 7, 1890.)
Headnote
1. Chattel mortgage—Unrenewed mortgage invalid against bona pros purchaser.A chattel mortgage filed, but not renewed, is invalid against bona fide purchasers or creditors.
3. Same.
Where there was some evidence to sustain a finding of the bona fides of a subsequent sale of the mortgaged property, the judgment entered thereon should not be disturbed.
Appeal from fourth district court.
P. Van Alstine, for app’lts; W. C. Findlay, for resp’t.
These actions were brought to recover possession of certain personal property. Defendant’s contention on the trial was that one Edward J. Tyler, who took possession of the property under a bill of sale, was not a bona fide purchaser for value; that a chattel mortgage previously given upon the property was a valid lien on the same. The mortgage was filed but not renewed, and therefore as against bona fide purchasers or creditors was clearly invalid. The question of the bona fides of the transaction was passed upon by the court below, and as there was some evidence to sustain such finding, I do not think the judgment should be disturbed, but should be affirmed, with costs.
Bischoff, J., concurs.