Legal Opinion

In Re Myers

District Court, N.D. New York

Decided January 1, 1927No. 12285PublishedCited by 5 opinions

1Opinion of the Court

COOPER, District Judge.

This is a petition by John W. Distin for review of the order of the referee, refusing to allow his chattel mortgage as a secured claim against all creditors of the bankrupts whose claims arose subsequent to the filing of the chattel mortgage.

The chattel mortgage covering certain fixtures was executed and delivered on April 6, 1925, and filed on July 21, 1925. On March 26, 1926, the bankrupts filed their petition in bankruptcy.

No claim of fraud is made, and there is no dispute of fact. Distin concedes that the chattel mortgage is void as to those creditors whose claims…

2Cases cited23 opinions

  1. Skilton v. . CodingtonNew York Court of Appeals · 1906
  2. Thompson v. . Van VechtenNew York Court of Appeals · 1863
  3. Karst v. . GaneNew York Court of Appeals · 1893
  4. Holt v. Crucible Steel Co. of AmericaSupreme Court of the United States · 1912
  5. Marsden v. . CornellNew York Court of Appeals · 1875

18 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re Avlon Syrup Corp.District Court, N.D. New York · 1928
  2. In Re Di PierroDistrict Court, D. Maine · 1958
  3. In re BowmanDistrict Court, N.D. New York · 1928
  4. In re KaufmanDistrict Court, N.D. New York · 1932
  5. In re League Bookbinding Co.District Court, S.D. New York · 1964

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