Landis v. McDonald
Missouri Court of Appeals
Appeal from Buchanan Circuit ‘Court. — Hon. 8. P. Huston> Special Judge. (1) The mortgage nor contract were fraudulent even as to a creditor of the bankrupt, in a direct suit by said creditor, consequently they were not fraudulent as to the trustee of the debtor. (2) Trustee in bankruptcy can not avail himself of an equitable estoppel which may exist in favor of a particular creditor. (3) The mortgage and contract were not preferences under the bankruptcy act.
Read the full summary
Appeal from Buchanan Circuit ‘Court. — Hon. 8. P. Huston> Special Judge. (1) The mortgage nor contract were fraudulent even as to a creditor of the bankrupt, in a direct suit by said creditor, consequently they were not fraudulent as to the trustee of the debtor. (2) Trustee in bankruptcy can not avail himself of an equitable estoppel which may exist in favor of a particular creditor. (3) The mortgage and contract were not preferences under the bankruptcy act. (4) The court erred in giving the instruction asked by plaintiff, and refusing to sustain defendant’s demurrer to the evidence.…
1Opinion of the CourtEllison, J.
On March 29, 1898, E. E. Manning gave a chattel mortgage to defendant, and others for whom defendant aeted, on his stock of merchandise, then on hand, to secure them in the sum of $10,412.71. This mortgage was recorded on the next day, March 30. Manning remained in possession and by the terms of the mortgage was to continue to sell the goods in usual course, remitting to defendant the proceeds of sale less expenses. At the time the mortgage was executed defendant gave Manning a separate paper (not recorded) which authorized him to use twenty-five .per cent of the proceeds of sales with which…
2Cases cited23 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Fearey v. CummingsMichigan Supreme Court · 1879
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Hilliard v. CagleMississippi Supreme Court · 1872
18 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- In re BotheCourt of Appeals for the Eighth Circuit · 1909
- Thomas Roberts & Co. v. RobinsonCourt of Appeals of Maryland · 1922
- Ransom & Randolph Co. v. MooreMichigan Supreme Court · 1935
26 more not listed; retrieve them via the Exa API.