Mitchell v. Winslow
U.S. Circuit Court for the District of Maine
This was a -petition of Mitchell, assignee of George and David N. Ropes, praying for an order of court, authorizing him to take possession of certain property in the possession of Neal Dow, one of the respondents, and alleged to belong to'the estate of the bankrupts. The facts were these; in 1839, the Messrs.
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This was a -petition of Mitchell, assignee of George and David N. Ropes, praying for an order of court, authorizing him to take possession of certain property in the possession of Neal Dow, one of the respondents, and alleged to belong to'the estate of the bankrupts. The facts were these; in 1839, the Messrs. Ropes were engaged in the manufacture of cutlery in Westbrook, and on the first ., of December of that year, borrowed of Jeremiah Winslow, of Havre, in the kingdom of Fiance, 515,000, payable in four years, with interest semi-annually, and on the same day made and executed a deed,…
1Opinion of the Court
STORY, Circuit Justice.
Two questions : are presented for the consideration of the court. (1). Whether the present mortgage created a valid lien, in favor of the mortgagee, upon the machinery, tools, and stock in trade, acquired by the mortgagors, and put into the factory after the execution of the mortgage, within the true' intent..and (meaning of the proviso in the second-section of the bankrupt act of 1841, c. 9. (2). Whether, admitting the stipulations of the mortgage might, as against the mortgagor, .be a -good and sufficient authority to the mortgagee to take possession of, and apply the…
2Cases cited1 opinion
- Abbott v. GoodwinSupreme Judicial Court of Maine · 1841
3Cited by115 opinions
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- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
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