New York Court of Appeals

John B. M. Stephens, as Receiver v. Mary J. Perrine, Respondents

November 27, 1894143 N.Y. 476

Summary

The Court of Appeals reversed the Supreme Court's reversal and affirmed the referee's judgment for the receiver, holding that a chattel mortgage not filed and without change of possession is void as to existing creditors, that the mortgagee cannot acquire title against those creditors by taking possession and selling the property, and that a receiver in supplementary proceedings may sue to set aside such void mortgage.