In re H. G. Andrae Co.
District Court, E.D. Wisconsin
In Bankruptcy. On review of order made by the referee denying a claim presented by Theo. Knapstein & Co. for payment out of the proceeds of certain property sold by the trustee, against which the claimants assert that they had a mortgage given by the bankrupt to secure a loan of $1,000.
1Opinion of the Court
SEAMAN, District Judge.
The facts are undisputed that the bankrupt made a bill of sale of certain lumber, intended as a mortgage, in favor of the claimants, November 26, 1900, to secure the latter as present indorsers of the bankrupt’s notes; but the lumber was not delivered, nor the bill of sale recorded. This instrument was surrendered, and a new bill of sale of certain furniture in process of manufacture was executed in its place November 4, 1901, securing the same indorsements or renewals thereof; but the new instrument was withheld from record. The property described remained in…
2Cases cited12 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- West Co. v. LeaSupreme Court of the United States · 1899
- Karst v. . GaneNew York Court of Appeals · 1893
- Stephens v. . PerrineNew York Court of Appeals · 1894
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
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3Cited by2 opinions
- In re BeedeDistrict Court, N.D. New York · 1905
- In re Standard Telephone & Electric Co.District Court, E.D. Wisconsin · 1907