Legal Opinion

Heffron v. Bank of America Nat. Trust & Savings Ass'n

Court of Appeals for the Ninth Circuit

Decided June 29, 1940No. 9454PublishedCited by 11 opinions

1Opinion of the Court

HEALY, Circuit Judge.

The appeal presents, among others of lesser difficulty, the question whether noncompliance with the provisions of the bulk sales law, Calif.Civil Code § 3440, invalidates a lien on the goods of a merchant in favor of the holder of receipts issued for the goods by a field warehouseman.

Fred Williams was adjudged bankrupt on his voluntary petition on September 25, 1937. The Bank of America, which we shall refer to as appellee, filed its proof of secured debt, claiming as security certain steel belonging to the bankrupt for which it held warehouse receipts. After a hearing…

2Cases cited4 opinions

  1. Security Warehousing Co. v. HandSupreme Court of the United States · 1907
  2. Union Trust Co. v. WilsonSupreme Court of the United States · 1905
  3. McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
  4. Jewett v. City Transfer & Storage Co.California Court of Appeal · 1933

3Cited by11 opinions

  1. Bradley v. St. Louis Terminal Warehouse Co.Court of Appeals for the Eighth Circuit · 1951
  2. Lawrence Warehouse Company v. Leo P. McKee Trustee of Seaboard Glass Co., BankruptCourt of Appeals for the Fifth Circuit · 1962
  3. In Re Pine Grove Canning CompanyDistrict Court, W.D. Louisiana · 1963
  4. In Re Hedgeside Distillery Corp.District Court, N.D. California · 1952
  5. Barry v. Lawrence Warehouse Co.Court of Appeals for the Ninth Circuit · 1951

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