Moffat v. Beeler

The opinion of the court was delivered by

Mason, J.:

E. 0. Beckwith, a merchant, executed a chattel mortgage upon his stock of goods to a bank, which took possession of the property, placing its agent, J. E. Stowell, in charge. Ten days later he executed another instrument, which for present purposes may be spoken of as a chattel mortgage, to C. W. Beeler (who was president of the bank), as trustee for a number of Beckwith’s creditors. Beckwith was adjudged a bankrupt, in proceedings begun more than four months later. The trustee in bankruptcy brought replevin for the goods, and recovered a…