Legal Opinion
In re National Browne Co.
Court of Appeals for the Second Circuit
Decided November 1, 1945No. 75PublishedCited by 2 opinions
1Opinion of the Court
FRANK, Circuit Judge.
[1] Under the law of the State of New York, a chattel mortgage which is not accompanied by an immediate delivery of the mortgaged property to the mortgagee is void as against creditors of the mortgagor, unless the mortgage or a true copy is filed pursuant to the Lien Law, Consol.Laws, c.33, § 230.
Section 232 of the Lien Law (as the section stood on August 26, 1944) reads as follows: “If the chattels mortgaged are in the city of New York at the time of the execution of the mortgage, the mortgage or a true copy thereof must be filed in the county where the mortgagor alleges…
2Cases cited3 opinions
- Ely v. . CarnleyNew York Court of Appeals · 1859
- In re Parkway Knitting Mills, Inc.Court of Appeals for the Second Circuit · 1941
- Turchin v. WartonAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by2 opinions
- Isidore Cherno, Trustee-Appellant v. Dutch American Mercantile Corporation, Creditor-Appellee. In the Matter of Itemlab, Inc., BankruptCourt of Appeals for the Second Circuit · 1965
- Wolf v. Aero Factors CorporationDistrict Court, S.D. New York · 1954