Peter Smith & Sons Grocery Co. v. Daily

DENISON, Circuit Judge.

This case again presents, under slightly new circumstances, the question whether an instrument is a chattel mortgage, which the Michigan laws require to be recorded to make it valid as against creditors, or is a conditional sale contract, which need not be so recorded, which question we have frequently considered, most recently in Smith v. Carukin, 259 Fed. 51, 170 C. C. A. 51, In re Nader, 283 Fed. 742, and Vander Lei v. Blakely, 284 Fed. 516. From our study and review of the Michigan decisions, we were led to the conclusion that prior to the Paul Case, 213 Mich. 609,…