Cooper v. Koppes
Ohio Supreme Court
Error to the Circuit Court of Huron County. On June 28, 1879, Charles Saunders and others duly executed and delivered a chattel mortgage on certain personal property to C. & G. Cooper & Co., to secure a certain indebtedness therein described. On July 4, 1879, the mortgage, duly verified, was filed in the office of the clerk of the proper township.
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Error to the Circuit Court of Huron County. On June 28, 1879, Charles Saunders and others duly executed and delivered a chattel mortgage on certain personal property to C. & G. Cooper & Co., to secure a certain indebtedness therein described. On July 4, 1879, the mortgage, duly verified, was filed in the office of the clerk of the proper township. With the purpose of continuing the security, this mortgage was re-filed on July 8, 1880 — more than one year from the original filing. The mortgaged property remaining in the possession of the mortgagors, a part of it was, on March 7, 1881, seized…
1Opinion of the CourtOwen, C. J.
If the lien of the Cooper mortgage was kept alive or revived as against creditors by the act o£ re-filing it after the expiration of one year from the original filing, the judgment of the circuit court should be reversed.
The Revised Statutes — sections 4150, 4151, 4154 — provide for verifying and filing chattel mortgages.
Section 4155 provides that every mortgage so filed shall be void as against the creditors of the person making the same or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof, unless within thirty days next…
2Cases cited6 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Marsden v. . CornellNew York Court of Appeals · 1875
- Newell v. WarnerNew York Supreme Court · 1865
- Newell v. . WarrenNew York Court of Appeals · 1870
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