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J. M. & L. A. OSBORN CO. v. WELLS

No. 6411.

69 F.2d 970 (1934)

J. M. & L. A. OSBORN CO. v. WELLS.

Circuit Court of Appeals, Sixth Circuit.

March 8, 1934.

Attorney(s) appearing for the Case

W. B. Lutton, of Cleveland, Ohio (E. C. Theller, of Cleveland, Ohio, on the brief), for appellant.

Alfred I. Soltz and Joseph Brover, both of Cleveland, Ohio (Alfred I. Soltz, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS and SIMONS, Circuit Judges, and NEVIN, District Judge.

PER CURIAM.

The only question involved in the appeal is whether a mortgage of chattels, which fails to recite the residence or place of business of either mortgagor or mortgagee, or the place where the mortgaged property is located, is void as against the mortgagor's trustee in bankruptcy, as found by the referee and the court below.

The rule in Ohio does not differ from the general rule that a mortgage to be valid against creditors must describe the mortgaged...

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