In re Rice Chocolate Co.

BREWSTER, District Judge.

The referee’s certificate in the above-entitled matter presents for consideration two questions: First, whether a mortgage of personal property was void for want of proper record, and, second, if valid, whether the mortgagee or trustee in bankruptcy is entitled to certain after-acquired property. By agreement of the parties the property has been sold and the proceeds held to await the outcome of this litigation.

First as to the validity of the mortgage. The Massachusetts statutes provide that “Mortgages of personal property shall, within fifteen days from the date…