Majority
p. 731Charles E. Bullard et al., App’lts, v. James H. Kenyon et al., Resp’ts.[1] (Supreme Court, General Term, Third Department, Filed July 8, 1893.)
Headnote
Chattel mortgage—Failure to file within reasonable time.The defendants Kenyon gave a chattel mortgage to defendant Harris in July, 1889, which was not filed until September following. Plaintiffs had sold goods to tile Kenyons prior to the giving of the mortgage, for which they recovered judgment after the mortgage was re-filed. Held, that the mortgage was invalid as to them because not filed within a reasonable time.
Appeal from judgment in favor of defendants.
Action to set aside a chattel mortgage on the ground that it was given for the purpose of defrauding the creditors of the defendants Kenyon, and that plaintiffs were judgment creditors of defendants Kenyon. It appeared that prior to July 6, 1889, defendants purchased goods of plaintiffs; that on that day they gave a chattel mortgage to defendant Harris, which was not filed until September 6, 1889; that it was re-filed in August, 1890, and foreclosed in March, 1891; that plaintiffs recovered judgment on their debt February 10,1891, after the refiling.
E. F. Bullard, for app’lt; Henning & McCall (W. H. McCall, of counsel), for resp’ts.
Heretofore the of the trial court in this case was affirmed by this court upon appeal.
Subsequently, at the February term, 1893, of this court, a re-argument of the appeal was ordered,
p. 732
Upon a reconsideration of the case, we are satisfied that it comes plainly within the rules laid down in Karst v. Gane et al., 136 U. Y., 316; 49 St. Rep., 740 ,' and that following that case the judgment herein should be reversed, and a new tzlal ordered, costs to abide the event.
Mayham, P. J., Herrick and Putnam, JJ., concur.