LOCKHART v. GARDEN CITY BANK & TRUST CO.

No. 113.

116 F.2d 658 (1940)

LOCKHART v. GARDEN CITY BANK & TRUST CO.

Circuit Court of Appeals, Second Circuit.

December 30, 1940.


Attorney(s) appearing for the Case

Harry H. Schutte, of Brooklyn, N. Y., for appellant.

George L. Hubbell, Jr., of New York City (Hurd, Hamlin & Hubbell and William B. Hurd, all of New York City, on the brief), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

The present controversy concerns the validity and effect of a chattel mortgage which was originally duly filed and recorded, but which had not been refiled within a year, as ordinarily required by state law, because the mortgagee had repossessed the chattels from the mortgagor during proceedings for an arrangement initiated by the latter under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. The referee and the district court...

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