Weill v. Zacher

Mr. Justioe Sears

delivered the opinion of the court.

There is but one question presented upon this appeal which must be considered, viz., was- the chattel mortgage in question valid as against appellant.

The mortgage is confessedly invalid as against Iona fide purchasers and creditors, for it is undisputed that it lacked proper acknowledgment in conformity with the statute. The mortgage is good, however, as between mortgagor and mortgagee, if, as the jury found the fact to be, the debt attempted to be secured was a valid debt of the corporation.

We have, then, merely to determine whether…