Smith v. Hotel Ritz Co.
New Jersey Court of Chancery
On petition by Elizabeth Smith against the Hotel Ritz Company to determine whether an unrecorded conditional sale agreement is valid as against a receiver and general creditors of defendant insolvent corporation.
1Opinion of the Court
Leaming, V. C.
1 am unable to determine that the unrecorded agreement of conditional sale now in question is void as against the receiver or general creditors of defendant corporation. The Chattel Mortgage act under' consideration in Graham Button Co. v. Spielmann, 50 N. J. Eq. (5 Dick.) 120, and in Currie v. Knight, 34 N. J. Eq. (7 Stew.) 485, provided that mortgages not executed and recorded in accordance with the act should be void as against creditors of the mortgagor. While in Currie v. Knight, supra, it was held that creditors could not, without a judgment or other lien on the chattels,…
2Cited by1 opinion
- Depew v. C.W. Depew Co.New Jersey Court of Chancery · 1925