Hamilton County Probate Court, 1889

In re the Assignment of Ehler

In re the Assignment of Ehler
Hamilton County Probate Court · Decided March 18, 1889 · Goebel
1 Goebel 186

Counsel

Follett, Hyman & Kelly, for plaintiff., Drausin Wulsin and Archer <& McNeil, for defendants.

In re the Assignment of Ehler

Opinion of the Court

Goebel, J.

*1871. The words “goods and chattels” in the chattel mortgage do not include choses in action; such words refer to and include personal property which is visible, tangible or movable. Hence book accounts are not the subject matter of a chattel mortgage.

2. When such accounts are specifically included in a chattel mortgage, it operates as an assignment, whatever may be its form, and it is in legal effect a mortgage creating a specific lien on the accounts assigned or the proceeds thereof.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.