In re Huxoll
Court of Appeals for the Sixth Circuit
Petition for Revision of Proceedings of.the District Court of the United States for the Southern Division of the Western District of Michigan. In the matter of bankruptcy proceedings of Ottenwess & Huxoll, bankrupts. From an order of the District Court reversing referee’s order of. distribution on a petition to revise by postponing the claim of Clemons Huxoll to those of creditors who became such between the giving and filing of a mortgage to petitioner, he appeals.
1Opinion of the Court
KNAPPEN, Circuit Judge.
This case involves only a question of priority between creditors. February 1, 1909, the bankrupts, on beginning business, gave petitioner a chattel mortgage, which has been treated as for $4,600, on a bakery plant and outfit in Grand Rapids, Mich. The mortgage was not filed, as provided by the Michigan statute, until November 30th following. There is no claim of fraudulent intent in delaying to file the mortgage. Meanwhile the claims of a large number of creditors of the bankrupt accrued. December 2d following one of the bankrupts gave to a trustee a chattel mortgage on…
2Cases cited22 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Fearey v. CummingsMichigan Supreme Court · 1879
- In re DuckerCourt of Appeals for the Sixth Circuit · 1905
- Heineman v. SchlossMichigan Supreme Court · 1890
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3Cited by14 opinions
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- Courtney v. Fidelity Trust Co.Court of Appeals for the Sixth Circuit · 1914
- Detroit Trust Co. v. Pontiac Savings BankCourt of Appeals for the Sixth Circuit · 1912
- Gage Lumber Co. v. McEldowneyCourt of Appeals for the Sixth Circuit · 1913
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