Ruggles v. Cannedy

This action is brought by the assignee in insolvency of one Wilgus, seeking a decree declaring void against creditors a chattel mortgage executed by Wilgus to defendant Cannedy. The appeal is from the judgment upon the judgment-roll alone. The findings of fact negative all claim of actual fraud and of a violation of the provisions of the insolvency act. The mortgage was made upon February 17, 1893, for a valuable consideration, and for a like consideration was assigned to the defendant bank, which took without knowledge of Wilgus' contemplated insolvency. It was not recorded, however, until…