Hobart Holding Co. v. Fortwell Realty Corp.

Judgment against the appellant reversed upon the law and the facts, with costs, and complaint as against the appellant dismissed, with costs. The appellant’s title to the first delivery of the refrigerators was fully protected by the filing of the conditional sales agreement as required by section 65 of the Personal Property Law,* under which section the sale of the refrigerators belonged. (Madfes v. Beverly Development Corp., 251 N. Y. 12; Alf Holding Corp. v. American Stove Co., 253 id. 450.) The clause in the mortgage purporting to mortgage personal property thereafter attached or used in…