Stewart-Noble Drug Co. v. Bishop-Babcock-Becker Co.

Opinion by

Mr. Justice Teller.

The defendant in error sold to one Mnrpby a soda fountain, on which it took a chattel mortgage to secure the purchase price. Murphy thereafter became a bankrupt, and later made a composition with his creditors. Pending such composition, he sold his interest in the mortgaged property to one Hogan, who transferred his interest in it to the plaintiff in error.

The action was in replevin by the mortgagee to recover the property.

The court found that the defendant in error filed a secured claim in the bankruptcy court, setting forth the notes and mortgage; that…