Herder v. Walther

The only ground for this motion is the fact that Nixon v. Stanley, 33 Hun, 248, based upon Swift v. Hart, 12 Barb. 530, is contrary to the decision of the general term of this court in this case, and it is claimed that there is no decision of the court of appeals decisive of the question involved here; and this notwithstanding the decision of the court of appeals in Marsden v. Cornel, 62 N. Y. 219. In the latter case, that court expressly holds that, on a failure to file a true copy of a chattel mortgage, together with the statement required by law, within 30 days next preceding the…