New York Court of Appeals

Henry Karst, Respondent v. George A. Gane, Impleaded

January 17, 1893136 N.Y. 316

Summary

The Court of Appeals affirmed the lower court's judgment that the chattel mortgage executed by the defendants is void as against the plaintiff, a judgment creditor, because the statute of 1833 protects all creditors, including those whose debts predated the mortgage, and requires prompt filing. A six‑week delay in filing the mortgage violated the statute, rendering the mortgage subordinate to the plaintiff's lien.