Legal Opinion

Powell v. Lounel, Inc.

Court of Appeals for the Fifth Circuit

Decided April 4, 1949No. 12537PublishedCited by 2 opinions

1Opinion of the Court

WALLER, Circuit Judge.

This is a proceeding in bankruptcy to determine whether the lien of a landlord on the restaurant equipment in the leased premises is superior to the lien of the chattel mortgage of the vendor of the same property. The Referee in Bankruptcy made the following findings of fact:.

“Frances K. Powell and George C. Powell, during the year 1947, were operating a restaurant at 525 41st, Street, Miami Beach, Florida. They entered into negotiations with the bankrupt on a sale by them to the bankrupt of the business, whereby the bankrupt was to pay them part cash and execute a…

2Cases cited5 opinions

  1. Edwards v. Baldwin Piano Co.Supreme Court of Florida · 1920
  2. Baer v. G. M. A. Corp.Supreme Court of Florida · 1931
  3. Baer v. General Motors Acceptance Corp.Supreme Court of Florida · 1931
  4. Hudnall v. PaineSupreme Court of Florida · 1897
  5. Ruge v. Webb Press Co.Supreme Court of Florida · 1916

3Cited by2 opinions

  1. Mathias v. Walling Enterprises, Inc.District Court of Appeal of Florida · 1992
  2. Lynch Austin Realty, Inc. v. EnglerDistrict Court of Appeal of Florida · 1994

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