SALES - CHATTEL MORTGAGES UNDER THE BULK SALES STATUTES

Authors

Abstract

Gessaman, who was a dealer in new and used automobiles, was indebted to the bank and other creditors. While so indebted, he executed and delivered to the acceptance corporation a chattel mortgage upon all the furniture, fixtures, equipment and supplies used in the business. Later the mortgagee took possession of the chattels without suit, and immediately afterward Gessaman was adjudged a bankrupt. The trustee, in behalf of the bank and other creditors, seeks to subject the chattels to a trust in the hands of the acceptance corporation upon the claim that the chattels were taken under a sale in violation of the bulk sales statute. The court held that the Ohio Bulk Sales Act did not apply to the transaction. Winters Nat. Bank & Trust Co. v. Midland Acceptance Corp., 47 Ohio App. 324, 191 N. E. 889 (1934).

Recommended Citation

SALES - CHATTEL MORTGAGES UNDER THE BULK SALES STATUTES, 33 Mich. L. Rev. 456 (1935).
Available at: https://repository.law.umich.edu/mlr/vol33/iss3/24