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IN RE NATIONAL BROWNE CO.

No. 75.

151 F.2d 595 (1945)

In re NATIONAL BROWNE CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 1, 1945.

Attorney(s) appearing for the Case

Jacob J. Schulder, of New York City (Gerson C. Young and Jacob J. Schulder, both of New York City, of counsel), for appellant.

Louis P. Rosenberg, of Brooklyn, N. Y., for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Under the law of the State of New York, a chattel mortgage which is not accompanied by an immediate delivery of the mortgaged property to the mortgagee is void as against creditors of the mortgagor, unless the mortgage or a true copy is filed pursuant to the Lien Law, Consol.Laws, c. 33, § 230.

Section 232 of the Lien Law (as the section stood on August 26, 1944) reads as follows: "If the chattels mortgaged are in the city of New...

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