Mattley v. Giesler
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Nebraska. Suit in equity by Herman N. Mattley, trustee in bankruptcy of Walter K. Darker, against John Giesler, administrator c. i. a. of the estate of Joseph W. Wolfe, deceased. Decree (175 Fed. 619) for defendant, and complainant appeals.
1Opinion of the Court
HOOK, Circuit Judge.
A chattel mortgage on a stock of merchandise and fixtures iu Nebraska, given eight months before the mortgagor became bankrupt, was withheld from the records by the mortgagee pursuant to agreement until two days before bankruptcy proceedings were commenced. The mortgagee then filed the mortgage, took possession of the mortgaged property, and sold it. The mortgagor was insolvent when the mortgage was filed, and the mortgagee had reasonable grounds for believing it, and that he would thereby secure a preference. The trustee in bankruptcy sued the mortgagee tor the value of…
2Cases cited6 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Loeser v. Savings Deposit Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1906
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- Rasmussen v. McKeyCourt of Appeals for the Seventh Circuit · 1910
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
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3Cited by10 opinions
- Big Four Implement Co. v. WrightCourt of Appeals for the Eighth Circuit · 1913
- Benner v. Scandinavian American BankWashington Supreme Court · 1913
- Bunch v. MaloneyCourt of Appeals for the Eighth Circuit · 1916
- Hoshaw v. CosgriffCourt of Appeals for the Eighth Circuit · 1917
- In re BoydCourt of Appeals for the Second Circuit · 1914
5 more not listed; retrieve them via the Exa API.