74 N.J. Eq. 296 | New York Court of Chancery | 1908
I am unable- to determine that the unrecorded agreement of conditional sale now 'in question is void as against the receiver or general creditors of defendant corporation. The Chattel Mortgage act under consideration in Graham Button Co. v. Spielmann, 50 N. J. Eq. (5 Dick.) 120, and in Currie v. Knight, 34 N. J. Eg (7 Stew.) 485, provided that mortgages not executed and recorded in accordance with the act should be void as against creditors of the mortgagor. While in Currie v. Knight, supra, it was held that creditors could not, without a judgment
I will advise an order directing the receiver to deliver the chattels in question to petitioner.