In re the Assignment of Ehler

Hamilton County Probate Court

In re the Assignment of Ehler

1 Goebel 186

Hamilton County Probate Court·Decided March 18, 1889·Published

Opinion

Goebel, J.

[187]*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.

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Goebel, J.

[187]*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.

In re the Assignment of Ehler, 1 Goebel 186 (Ohio Super. Ct. 1889).

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