Summary

Detroit Trust Company v. Pontiac Savings Bank…

Replying to the contention that an assignee for the benefit of creditors in Michigan may avoid unrecorded chattel mortgages, and that the rights of a trustee in bankruptcy are not less, the circuit court of appeals further said: 'As we pointed out in the Huxoll Case, the Michigan decisions mean no more than that the assignee is by the assignment given a lien upon the property which did not before exist. The mere fact that a lien is created under statutory assignment for the benefit of creditors does not give a lien under the bankruptcy act.
Source: Wikisource

Detroit Trust Company v. Pontiac Savings Bank…

Payment to the bank by the bankrupt is attacked as invalid under § 9523, Michigan Compiled Laws of 1897, which provides that every chattel mortgage 'which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor' unless filed for record as directed.
Source: Wikisource

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