New Holland Machinery Co., Division of Sperry Rand Corp. v. Bell

CULLEN, Commissioner.

The question presented on this appeal is one of priority of liens.

Robert Bell was a dealer in farm machinery and equipment. A. D. Sprague, Jr., an unsecured creditor of Bell’s, brought an action against Bell and secured an attachment on all of his personal property. New Holland Machine Company previously had sold numerous items of farm machinery to Bell, under unrecorded conditional sale contracts; however, New Holland had obtained from Bell, and recorded, several chattel mortgages covering many of the items. New Holland intervened in Sprague’s action, asserted a prior…