Myers v. Hazzard
U.S. Circuit Court for the District of Nebraska
Bill in equity, brought by complainant, as assignee in bankruptcy of George Hazzard, to set aside as fraudulent certain promissory notes, and a mortgage given to secure them, upon a herd of cattle, and to subject the interest of the bankrupt in said cattle to the payment of the debts of the bankrupt estate.
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Bill in equity, brought by complainant, as assignee in bankruptcy of George Hazzard, to set aside as fraudulent certain promissory notes, and a mortgage given to secure them, upon a herd of cattle, and to subject the interest of the bankrupt in said cattle to the payment of the debts of the bankrupt estate. The bankrupt was at the time of his bankruptcy undoubtedly the owner of a large interest in the herd of cattle, and complainant was clearly entitled to recover that interest as against all the parties concerned except respondent Coates, who claimed to be an innocent purchaser without…
1Opinion of the Court
McCrary, Circuit Judge.
It will be observed that this case presents an important question of law respecting the rights of the bona fide purchaser of commercial paper secured by mortgage. Assuming that Coates was such a purchaser, and that he had no notice of the fraud, (and such the court finds to be the fact,) the case turns mainly upon the question, which has been elaborately argued by counsel, whether he is to be regarded in the light also of an innocent bona fide purchaser of the mortgage, so as to have the right to enforce it as against the assignee in bankruptcy of George Hazzard.
The…
2Cases cited19 opinions
- Carpenter v. LonganSupreme Court of the United States · 1873
- Murray v. LardnerSupreme Court of the United States · 1865
- Olds v. CummingsIllinois Supreme Court · 1863
- Murray v. LylburnNew York Court of Chancery · 1817
- Langdon v. BuelNew York Supreme Court · 1832
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3Cited by2 opinions
- In re MullenDistrict Court, D. Massachusetts · 1900
- Morrison v. Bay Parkway Nat. BankCourt of Appeals for the Second Circuit · 1932