Opinion by
Davis, P. J., and Brady, J., concurred.
Judgment reversed and new trial ordered, costs to abide event.
Chattel mortgage — omission to file.
The statute does not render a chattel mortgage absolutely void for the omission to file it, but simply declares it void as to judgment creditors and subsequent purchasers iu good faith. As to other persons it is valid without "filing. (3 R S. [5th ed.], 823, § 11; Ely v. Nash, 19 Wend», 523; Thompson v. Van Vechten, 27 ÍT. Y., 568, 582; Porter v. Parmley, 52 id., 185.)
*239Appeal from a judgment entered on the report of a referee.
Albert Qardozo, for the appellant. W. T. B. Milliken, for the respondent Jones.' Stillwell da Swain, for other defendants.
Opinion by
Davis, P. J., and Brady, J., concurred.
Judgment reversed and new trial ordered, costs to abide event.
14 N.Y. Sup. Ct. 238
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