May v. Tenney
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. On March 21, 1887, Samuel Rich, a clothing merchant of Leadville, Colorado, executed to the appellants, May and Hirscb, an instrument conveying certain personal property, which instrument was called a chattel mortgage, and .was duly acknowledged and recorded.
Read the full summary
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. On March 21, 1887, Samuel Rich, a clothing merchant of Leadville, Colorado, executed to the appellants, May and Hirscb, an instrument conveying certain personal property, which instrument was called a chattel mortgage, and .was duly acknowledged and recorded. The instrument sets forth, in Separate paragraphs, nine notes to the Carbonate Bank of Leadville, thé payment of eight of which were endorsed or guaranteed by May or Hirsch, severally. On the first note neither May nor Hirsch’s name appears. After this…
1Opinion of the CourtJustice Brewer
delivered the opinion of the court. •
The principal question in this case is whether the conveyance from Rich., to May and Hirsch was, in legal effect, a general assignment or only a chattel mortgage. The Circuit Court held it to be the former, following in this a series of decisions under, the statutes of Missouri, commencing with
Martin v. Hausman, 14 Fed. Rep. 160, in which Judge Krekel ruled that “A debtor in Missouri,- under its legislation and adjudications thereon, may, though he be- insolvent at the time, prefer one or more of his creditors by securing them; but he cannot do it by an…
2Cases cited10 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Brashear v. WestSupreme Court of the United States · 1833
- Detroit v. OsborneSupreme Court of the United States · 1890
- White v. CotzhausenSupreme Court of the United States · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Forsyth v. HammondSupreme Court of the United States · 1897
- Supreme Lodge, Knights of Pythias v. MeyerSupreme Court of the United States · 1924
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Jarvis v. WebberCalifornia Supreme Court · 1925
- American Surety Co. v. Carbon Timber Co.Court of Appeals for the Eighth Circuit · 1919
19 more not listed; retrieve them via the Exa API.