Legal Opinion

Holt v. Crucible Steel Co. of America

Supreme Court of the United States

Decided April 1, 1912No. 183PublishedCited by 75 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve priority of claims against the bankrupts’ estate, are stated in the opinion. The contest is a proceeding in bankruptcy between the holder of an unrecorded chattel mortgage, on one side, and the trustee in bankruptcy, on behalf of certain subsequent creditors, on the other side.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The facts, which involve priority of claims against the bankrupts’ estate, are stated in the opinion. The contest is a proceeding in bankruptcy between the holder of an unrecorded chattel mortgage, on one side, and the trustee in bankruptcy, on behalf of certain subsequent creditors, on the other side. As § 496, Kentucky Statutes, providing that no deed or deed of trust or mortgage conveying a legal or equitable title to real or personal estate shall be valid against a purchaser for a valuable consideration, without notice…

1Opinion of the CourtJustice Van Devanter

This appeal brings up for review a decree reversing an order of the District Court for the Western District of Kentucky in a proceeding in bankruptcy. The matter in dispute is the validity, under the recording law of that State, of an unrecorded chattel mortgage as against creditors who became such after the mortgage was given, and without knowledge of it, where none of them had secured a lien upon the mortgaged property by execution, attachment or otherwise. The mortgagee, in making proof of its claim, asserted a lien under the mortgage and sought priority of payment out of the proceeds of…

2Cases cited2 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Thomas v. TaggartSupreme Court of the United States · 1908

3Cited by75 opinions

  1. Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
  2. Potter Mfg. Co. v. ArthurCourt of Appeals for the Sixth Circuit · 1915
  3. Firestone Tire & Rubber Co. v. CrossCourt of Appeals for the Fourth Circuit · 1927
  4. Toof v. City Nat. Bank of PaducahCourt of Appeals for the Sixth Circuit · 1913
  5. In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945

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