Frye, Recr. v. MacWilson

In view of the foregoing recital of facts it is unnecessary for this court to comment upon the claims of the receiver as to the alleged fraud on the part of defendants in error or their indebtedness to the company on unpaid stock subscriptions. It will be sufficient to discuss the contention of defendants in error that as a matter of law a chattel mortgagee, or his assignee, is entitled to possession of the mortgaged property immediately upon default in payment. This is, of course, the general rule, but it is not without its limitations. The' law seems to be that the apopintment of a receiver…