George W. Stephens, as Receiver of the McCall Publishing Company, Respondent v. Meriden Britannia Company…

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial, holding that a receiver appointed in supplementary proceedings cannot maintain an action at law for conversion of property transferred under an unfiled chattel mortgage before the creditor obtained a judgment; the proper remedy is an equitable action to set aside the transfer. The court also affirmed that such a mortgage is void only as against judgment creditors.