Bank of Dillon v. Murchison
Court of Appeals for the Fourth Circuit
On Cross-Appeals from the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry A. M. Smith, Judge. In Bankruptcy. In the matter of E. U. Moore & Co., bankrupts. From an order relative to the disposition of property subject to a chattel mortgage, the Bank of Dillon and William Murchison, trustee in bankruptcy, and others bring cross-appeals.
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On Cross-Appeals from the District Court of the United States for the Eastern District of South Carolina, at Charleston; Henry A. M. Smith, Judge. In Bankruptcy. In the matter of E. U. Moore & Co., bankrupts. From an order relative to the disposition of property subject to a chattel mortgage, the Bank of Dillon and William Murchison, trustee in bankruptcy, and others bring cross-appeals. Recorded in the office of the clerk of the court of common pleas of Dillon county, S. C., as of June 10, 1912, is a paper in these words: “State of South Carolina, County of Dillon. “$10,000.00. Dillon, S.…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above).
[1, 2] It is to be noted, incidentally, that the rule,' maintained in many of the states, that a mortgage or deed of trust upon a shifting and perishable stock of merchandise left in the possession of the mortgagor is fraudulent and’void per se as against creditors is not upheld in South Carolina. On the contrary, the rules there are settled by its Supreme Court, in Porter v. Stricker, 44 S. C. 183, 21 S. E. 635, approved in Marshall v. Crawford, 45 S. C. 189, 22 S. E. 792, to be: (1) An insolvent debtor may, by a bona fide mortgage, which is intended merely…
2Cases cited6 opinions
- Gibson v. WardenSupreme Court of the United States · 1872
- Kelly v. CalhounSupreme Court of the United States · 1878
- Porter v. StrickerSupreme Court of South Carolina · 1895
- Virginia Iron, Coal & Coke Co. v. OlcottCourt of Appeals for the Fourth Circuit · 1912
- Ritchie County Bank v. McFarlandCourt of Appeals for the Fourth Circuit · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re Grafton Gas & Electric Light Co.District Court, N.D. West Virginia · 1918
- In Re Atlantic Steel Products CorporationDistrict Court, E.D. New York · 1939
- Floyd v. C. Nelson Mfg. Co.Court of Appeals for the Fifth Circuit · 1938
- Paddock, Smith, Etc. v. Waay TelevisionCourt of Civil Appeals of Alabama · 1982
- Park Lane Dresses, Inc. v. Houghton & Dutton Co.Court of Appeals for the First Circuit · 1931
4 more not listed; retrieve them via the Exa API.