IN RE RAMBLER CAFETERIA

No. 9.

9 F.2d 861 (1925)

In re RAMBLER CAFETERIA, Inc. Petition of WEIL.

Circuit Court of Appeals, Second Circuit.

December 7, 1925.


Attorney(s) appearing for the Case

Morris E. Gossett, of New York City, for petitioner.

Greller & Ringel, for trustee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

Section 230 of the New York Lien Law declares that an unfiled chattel mortgage "is absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith." The mortgage holder, Weil, contends that, although this mortgage may have been wholly void as against the creditors of M., the original mortgagor, it was valid between the original parties, and is valid...

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