In re Standard Telephone & Electric Co.
District Court, E.D. Wisconsin
In Bankruptcy. On review of decision of referee. This is a proceeding to review the findings and final order of John S. Maxwell, Esq., referee in bankruptcy, in the matter of the intervention of K. K. Knapp.
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In Bankruptcy. On review of decision of referee. This is a proceeding to review the findings and final order of John S. Maxwell, Esq., referee in bankruptcy, in the matter of the intervention of K. K. Knapp. The entire property of the bankrupt was by it turned over to the receiver, and subsequently to the trustee in bankruptcy, who retained possession of the same until such property was sold free and clear of incumbrances, under an agreement with mortgagee that proceeds should stand in place of property, for the purposes of determining the rights and equities of the parties. The bankrupt, a…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). The •question of law arising in this case involves the construction of a Wisconsin statute. It is therefore a local question, as the federal court in such a case adopts the ruling of the highest judicial tribunal of the state. This proposition is so familiar as to require the citation of no authorities. The Wisconsin Supreme Court has consistently held that a chattel mortgage, which upon its face stipulates that the mortgagor may retain possession of the mortgaged property, sell and dispose of the same in the usual course of business, and appropriate any…
2Cases cited31 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Whitney v. WenmanSupreme Court of the United States · 1905
- Security Warehousing Co. v. HandSupreme Court of the United States · 1907
- Skilton v. . CodingtonNew York Court of Appeals · 1906
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3Cited by3 opinions
- Baldwin v. KingstonDistrict Court, D. New Jersey · 1918
- In re HickersonDistrict Court, D. Idaho · 1908
- Knapp v. Milwaukee Trust Co.Court of Appeals for the Seventh Circuit · 1908