Garrison v. Kurt
Court of Appeals for the Eighth Circuit
Appeal from and Petition to Revise Order of the District Court of the United States for the District of Kansas; John C. Pollock, Judge. In the matter of the bankruptcy of Prank A. and Ella Flaherty. From an order awarding Charles R. Kurt a secured claim on the proceeds of a stock of merchandise by virtue of a chattel mortgage given him by the bankrupt, M. E. Garrison, trustee in bankruptcy, appeals, and also petitions to revise.
1Opinion of the Court
HOOK, Circuit Judge.
This is an appeal by the trustee in bankruptcy from an order awarding Charles R. Kurt a secured claim on the proceeds of a stock of merchandise, etc., at Cheney, Kan., by virtue of a chattel mortgage given him by the bankrupts, Frank A. and Elia Flaherty, husband and wife, to secure their note for $9,855.42. The property was sold by the trustee, and the proceeds substituted. The principal contention of the trustee is that the mortgage was void. It contained these provisions:
“This mortgage to cover all of the merchandise or fixtures with and a part of said stock now and all…
2Cases cited7 opinions
- Frankhouser v. EllettSupreme Court of Kansas · 1879
- Whitson v. GriffisSupreme Court of Kansas · 1888
- Howard v. Rohlfing & Co.Supreme Court of Kansas · 1887
- Rathbun v. BerrySupreme Court of Kansas · 1892
- Humphrey v. MayfieldSupreme Court of Kansas · 1901
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3Cited by3 opinions
- United States v. FlemingDistrict Court, N.D. Iowa · 1946
- Clarence E. Bussert v. John P. Quinlan, Trustee, in the Matter of Western Glass, Inc., a Corporation, BankruptCourt of Appeals for the Tenth Circuit · 1959
- Garrison v. KurtCourt of Appeals for the Eighth Circuit · 1918