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IN RE MYERS

No. 102.

24 F.2d 349 (1928)

In re MYERS et al. Ex parte DISTIN.

Circuit Court of Appeals, Second Circuit.

February 6, 1928.

Attorney(s) appearing for the Case

A. T. Jennings, of Fulton, N. Y., for appellant.

William S. Hillick, of Fulton, N. Y., for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

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

The question is altogether of the New York chattel mortgage act (section 230 of the Lien Law [Consol. Laws, c. 33]), and has apparently never been determined by the New York courts. Distin agrees that his neglect to file the mortgage for 3½ months subjected it to the claims of those who became creditors, not only between execution and filing, but also before execution...

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