Industrial Loan Ass'n v. Saul
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan, in favor of the defendants.
1Opinion of the CourtO’Gorman, J.
In order to maintain the validity of a chattel mortgage as against creditors and subsequent purchasers and mortgagees in good faith, there must be a strict and rigid observance of the statutory requirements. Stevenson Brewing Co. v. Eastern Brewing Co., 22 App. Div. 523. Plaintiff’s mortgage was filed April 6, 1898, and on February 17, 1899, forty-eight days before the expiration of the year, the renewal was filed. The statute, however, requires the filing to take place within thirty days before the expiration of the year, and the. refiling becomes absolutely nugatory if done either before or…
2Cases cited3 opinions
- Newell v. WarnerNew York Supreme Court · 1865
- David Stevenson Brewing Co. v. Eastern Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- State Trust Co. v. Casino Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- In re SteffensCourt of Appeals for the Second Circuit · 1929
- In re PearlmanDistrict Court, E.D. New York · 1917
- Century Insurance v. Glidden Buick Corp.City of New York Municipal Court · 1940
- Robar Associates, Inc. v. Lori Motors Sales Corp.New York Supreme Court · 1960
- American Type Founders' Co. v. NicholsTexas Supreme Court · 1919
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