Gibson & Price Co. v. Rouse & Hills Co.
Citations
- 35 Ohio C.C. Dec. 168
- 25 Ohio C.C. (n.s.) 72
- 1903 Ohio Misc. LEXIS 366
Syllabus
<p>CHATTEL MORTGAGES</p> <p>Withholding Chattel Mortgages from Record not per se Fraud upon Creditors.</p> <p>When chattel mortgages, covering all the property and all the accounts and bills receivable of the mortgagor, are taken as temporary security and are withheld from record, not as the result of any agreement nor with fraudulent intent, nor for the purpose of securing credit for the mortgagor from other parties, but to prevent creditors already existing from all pressing demands for payment at once, such mortgage is not a fraud upon present prospective creditors.</p>
Judges: Caldwell, Hale, Marvin, Marvins
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