Legal Opinion

In re Gary

District Court, S.D. Texas

Decided July 1, 1922No. 126PublishedCited by 5 opinions

In Bankruptcy. In the matter of Enos Gary and others, bankrupts. On petition of M. Halff & Bro., a corporation, to review an order of the referee disallowing the claim of petitioner as a secured claim.

1Opinion of the Court

HUTCHESON, District Judge.

This is a proceeding on an application to review the order of C. C. Carsner, referee in bankruptcy, disallowing the claim of M. Halff & Bro. as a secured claim. The certificate of the referee sets out the question and the facts upon which it rests briefly, and is as follows:

“The question at issue is whether a mortgage given upon all of the furniture and fixtures of a mercantile establishment is within the meaning of and prohibited by the Bulk Sales Act of the state of Texas, appearing in the statutes as article 3971 of the Revised Statutes of Texas, as amended by the…

2Cases cited2 opinions

  1. Graham v. EnglemannDistrict Court, S.D. Texas · 1920
  2. Beene v. National Liquor Co.Court of Appeals of Texas · 1917

3Cited by5 opinions

  1. Hobart Mfg. Co. v. Joyce & MitchellCourt of Appeals of Texas · 1928
  2. Irving Nat. Bank v. LawCourt of Appeals for the Second Circuit · 1925
  3. Ne-Bo-Shone Ass'n v. HogarthCourt of Appeals for the Sixth Circuit · 1936
  4. Hughes-Curry Packing Co. v. SpragueIndiana Supreme Court · 1929
  5. In re Griffen Drug Co.District Court, N.D. Texas · 1923

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