Fisher v. Zollinger
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio. This is an appeal from a decree of the bankruptcy court sustaining the validity of a mortgage made by the bankrupt corporation to secure an issue of bonds. The mortgage in question was made by the National Valve Company, a manufacturing corporation organized under the laws of Ohio.
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Appeal from the District Court of the United States for the Western Division of the Northern District of Ohio. This is an appeal from a decree of the bankruptcy court sustaining the validity of a mortgage made by the bankrupt corporation to secure an issue of bonds. The mortgage in question was made by the National Valve Company, a manufacturing corporation organized under the laws of Ohio. The mortgage was made and delivered November 2, 1903. It covered the entire plant, real and personal, and was made to secure au,issue of bonds bearing interest coupons maturing semiannually. It provided…
1Judgment of the CourtLurton, Circuit Judge
It was conceded below, and not contradicted here, that the mortgage is a good security as a real estate mortgage. Appellant denies that it is a valid security so far as it operated as a transfer of personal property in existence and possessed by the mortgagor when the mortgage was made, and that, for stronger reasons, it is invalid in so far as it is set up as a security upon personal property acquired subsequent to its execution.
1. As a chattel mortgage of chattels possessed at the date of its execution, it is said that the instrument is invalid, because the mortgagor was left in possession…
2Cases cited15 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Pennock v. CoeSupreme Court of the United States · 1860
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3Cited by14 opinions
- Union Trust Co. v. BulkeleyCourt of Appeals for the Sixth Circuit · 1907
- In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
- Mason v. WyldeMassachusetts Supreme Judicial Court · 1941
- Kenney v. HurlburtOregon Supreme Court · 1918
- Kettenbach v. WalkerIdaho Supreme Court · 1919
9 more not listed; retrieve them via the Exa API.