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IN RE ALGONQUIN ELECTRIC CO.

36 F.2d 603 (1929)

In re ALGONQUIN ELECTRIC CO., Inc.

District Court, S. D. New York.

October 30, 1929.

Attorney(s) appearing for the Case

C. W. H. Arnold and Richard H. Arnold, both of Poughkeepsie, N. Y., for petitioner.

Tolbert, Ewen & Patterson, John Ewen, and C. S. Bostwick, all of New York City, for trustees.

GODDARD, District Judge.

Section 231 of the Lien Law (Consol. Laws, c. 33) creates an exception to the general rule requiring the filing of chattel mortgages. Under legislation passed in 1868 (Laws 1868, c. 779) affecting railroads, and in 1891 (Laws 1891, c. 171) affecting telegraph, electric light, and telephone companies, they were relieved from filing as a chattel mortgage any mortgage creating a lien on real or personal property where such mortgage had been recorded...

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