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SCHILLING v. ROCKMORE

No. 291.

141 F.2d 643 (1944)

SCHILLING v. ROCKMORE et al.

Circuit Court of Appeals, Second Circuit.

March 17, 1944.

Attorney(s) appearing for the Case

John Preston Phillips, of New York City (Lawrence F. Sherman, of New York City, of counsel), for appellant.

Maurice Abrams, of New York City (Max Rockmore, of New York City, of counsel), for trustee-appellee.

Frederick E. M. Ballon, of New York City, for Wek Sales Company, appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This appeal involves the application to undisputed facts of the provisions of § 235 of the New York Lien Law, Consol.Laws, N.Y., c. 33, with respect to refiling of a chattel mortgage. On March 6, 1939 Schilling Press, Inc., hereafter called the bankrupt, executed and delivered to Jacob H. Schilling, the appellant, a chattel mortgage to secure a debt of $24,751.78, of which some $18,000 still remains due him. The mortgage was duly filed in...

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