Legal Opinion

In re Packard Press, Inc.

Court of Appeals for the Second Circuit

Decided November 3, 1924No. 16PublishedCited by 4 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). It must be remembered, in dealing with matters of lien, or rights arising from liens, that the bankruptcy trustee does not stand merely in the bankrupt’s shoes. Since the amendment of 1910 he has by statute all the rights and powers of a judgment creditor holding an execution duly returned unsatisfied. Section 47a (Comp. St. § 9631). Even before that amendment, defective filing of a chattel mortgage was usually hold to vitiate it in bankruptcy. ■ Remington, § 1373. In this circuit, and in respect of mortgages under the New York statute, that holding was…

2Cases cited6 opinions

  1. Ely v. . CarnleyNew York Court of Appeals · 1859
  2. Peter Barrett Manufacturing Co. v. RonkNew York Court of Appeals · 1914
  3. Bragelman v. . DaueNew York Court of Appeals · 1877
  4. In re GerstmanCourt of Appeals for the Second Circuit · 1907
  5. In re Watts-Woodward Press, Inc.Court of Appeals for the Second Circuit · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re Bernard & KatzCourt of Appeals for the Second Circuit · 1930
  2. In re Nassau Press, Inc.District Court, E.D. New York · 1966
  3. In re J. T. Robertson Co.District Court, N.D. New York · 1938
  4. Knowles v. RitterCourt of Appeals for the Second Circuit · 1930

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