Duffy v. Charak
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP APPEALS POR THE FIRST CIRCUIT. The facts, which involve the validity of a chattel mortgage and the lien thereof on goods of the bankrupt, are stated in the opinion.
1Opinion of the CourtJustice Holmes
This is a proceeding by a trustee in bankruptcy to obtain the surrender of the proceeds of goods in possession of the appellant and sold by him under an agreement with the trustee, without prejudice to the rights of the parties in the property. The petition in bankruptcy was filed on May 26, 1909. The appellant claims under a mortgage to him for $5675, made on March 2, 1909, but admits that $4175 of this sum was a preexisting debt and claims only $1500, lent on the day when the mortgage was given. The mortgage was not recorded, and on May 24, 1909, the goods were attached by a third person,…
2Cases cited4 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Union Trust Co. v. WilsonSupreme Court of the United States · 1905
- Duffy v. CharakCourt of Appeals for the First Circuit · 1912
3Cited by15 opinions
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- Firestone Tire & Rubber Co. v. CrossCourt of Appeals for the Fourth Circuit · 1927
- Lynn Morris Plan Co. v. GordonMassachusetts Supreme Judicial Court · 1925
- Atlantic Transportation Co. v. Alexander Shipping Co.Massachusetts Supreme Judicial Court · 1927
- Grimes v. ClarkCourt of Appeals for the Fourth Circuit · 1916
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