In re Williamsburg Knitting Mill
District Court, E.D. Virginia
In Bankruptcy. In the matter of the Williamsburg Knitting Mill. Proceedings to review referee’s order holding invalid a vendor’s lien under an unrecorded conditional sale contract as a lien against the bankrupt’s estate.
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In Bankruptcy. In the matter of the Williamsburg Knitting Mill. Proceedings to review referee’s order holding invalid a vendor’s lien under an unrecorded conditional sale contract as a lien against the bankrupt’s estate. This proceeding is now before the court upon the application of George H. Holt & Oo. to review the action of Referee John B. Boche, holding the claim of the petitioners, as vendors of a certain sprinkler system furnished to the bankrupt Company, not to constitute a lien' as against the said sprinkler in the hands of the bankrupt’s trustee, because of lack of recordation of…
1Opinion of the CourtWadding, District Judge
(after stating the facts as above). Two questions are presented on the record for consideration by the court: (A) Whether the after-acquired clause in the mortgage of the 23d of November, 1909, to Henley, trustee, constituted a lien upon the sprinkler system, made a part of the premises, after the execution and recordation of the trust deed. (B) Whether the referee correctly ruled that under the bankruptcy act as amended.on the 25th of June, 1910 (Act June 25, 1910, c. 412, 36 Stat. 838), it was necessary for the vendors, Holt & Co., to record their contract, in order to secure a lien as…
2Cases cited16 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Cook v. TullisSupreme Court of the United States · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Pacific State Bank v. CoatsCourt of Appeals for the Ninth Circuit · 1913
- Floyd v. RamboSupreme Court of Alabama · 1948
- Hinton v. . WilliamsSupreme Court of North Carolina · 1915
- Interstate Banking & Trust Co. v. BrownCourt of Appeals for the Sixth Circuit · 1916
- In re Farmers' Co-operative Co.District Court, D. North Dakota · 1913
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