Bissell v. Doty Discount Corp.

KENT, District Judge.

This matter is before the Court for non jury trial based upon the stipulation of facts and the briefs submitted.

On June 5, 1956, the bankrupt executed a note and chattel mortgage to Rowden Ford Sales, Inc., Grand Rapids, Michigan, with a 1956 Ford automobile as security. Rowden Ford Sales, Inc., assigned the mortgage to Doty Discount Corporation- on June 8, 1956. The chattel mortgage was never filed with the Register of Deeds of Kent County. Doty Discount Corporation repossessed the automobile from the bankrupt on October 23, 1956, and sold the automobile in a manner…