Can a simple contract creditor make an attack upon a chattel mortgage under The Bills of Sale and Chattel Mortgage Act?
Manitoba, Canada
The following excerpt is from Empire Sash and Door Co. v. Maranda, et al., 1911 CanLII 296 (MB QB):
4. A simple contract creditor cannot make an attack upon a chattel mortgage under The Bills of Sale and Chattel Mortgage Act, R.S.M. 1902, c. 11: Pcirkes v. St. George, (1884) 10 A.R. 496, and Hyman v. Cuthberlson, (1885) 10 O.R. 443, followed.
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