A Treatise Upon the Law of Chattel Mortgages, in the State of New York
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71. A second mortgagee who has personal knowledge of the existence of a prior chattel mortgage, is not entitled to pri- ority over it, although the second mortgage is first filed. Zimmer v. Wheeler, 2 N. Y. St. Rep. 325; s. c, 41 Hun, 638. In case of two chattel mortgages executed by the same person upon the same property, but to different persons, dated the same day and filed the same moment, where it was the agreement and intention of the parties, that one should have a preference over the ot...her as a lien, that agree- ment must be sustained, and effect must be given to it, and the intention of the parties. Wray v. Fedderke, 11 Jones & Spencer, 338. An unfiled mortgage on property subsequently brought by the mortgagor into a firm, of which he has become a member, as his portion of the capital, is not invalid as to the other partners by reason of its non-filing. The property comes into the concern impressed with the lien of the mort- gage. Rust V. Hauslet, 46 Supr. Ct. Rep. 24. Leases for years of real estate, and assignments thereof by way of mortgage, are not within the acts relating to the recording or filing of chattel mortgages.
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