Clayton v. Exchange Bank
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Georgia. For a period of about 20 years next preceding the year 1900, Simon Josephson was engaged in business as a merchant in Macon, Ga. During all that time the Exchange Bank of Macon (hereinafter called the “Bank”) was engaged in the same town in the banking business, and they had dealings for that period as banker and client.
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Appeal from the District Court of the United States for the Southern District of Georgia. For a period of about 20 years next preceding the year 1900, Simon Josephson was engaged in business as a merchant in Macon, Ga. During all that time the Exchange Bank of Macon (hereinafter called the “Bank”) was engaged in the same town in the banking business, and they had dealings for that period as banker and client. In the years 1899 and 1900 Josephson executed and delivered to the bank notes secured by mortgages for sums amounting, in the aggregate, to more than $13,250, as follows: (1) Note made…
1Opinion of the CourtShelby, Circuit Judge
The appellants’ first contention is that the mortgages executed by Josephson to the bank are void under the provisions of the bankrupt act, because they were not placed on record before Josephson filed his petition in bankruptcy. This view is urged on our attention with great earnestness, and with the citation of many authorities. The view we take of the case, however, makes it unnecessary for us to decide this question.
The appellants’ second contention is that the mortgages are void under the common law and the .statutes of Georgia. It is conceded by the learned counsel for the appellee that…
2Cases cited11 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Hildreth v. SandsNew York Court of Chancery · 1816
- Hilliard v. CagleMississippi Supreme Court · 1872
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sullivan v. GinsbergSupreme Court of Georgia · 1935
- Cohen v. ChambersCourt of Appeals for the Fifth Circuit · 1910
- Butterfield v. WoodmanDistrict Court, D. Maine · 1914
- In re HuntDistrict Court, N.D. New York · 1905
- Fourth Nat. Bank v. WillinghamCourt of Appeals for the Fifth Circuit · 1914
19 more not listed; retrieve them via the Exa API.