Legal Opinion

Nashua Manufacturing Company v. Hooper Trailer Sales, Inc., Bankrupts

Court of Appeals for the Ninth Circuit

Decided June 24, 1971No. 24009_1PublishedCited by 3 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge:

This case presents a single question: whether the failure of an assignee of accounts receivable to use the filing provisions of the Idaho Assignment of Accounts Receivable Act, Idaho Code Title 64, ch. 9, particularly the annual refiling provision of § 64-903(2), renders the assignment void as against creditors, including the trustee in bankruptcy of the assignor, even though the assignee had given notice of the assignment to the account debtor. The trial court held for the creditor and the trustee, and against the assignee. We affirm.

On appeal, the assignee argues that…

2Cases cited5 opinions

  1. Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
  2. William Neil Turnbull v. Josephine Bonkowski and Leonard KingCourt of Appeals for the Ninth Circuit · 1969
  3. John Costello, as Trustee of the Estate of William Jason Evans, Bankrupt v. Bank of America National Trust & Savings Association, a CorporationCourt of Appeals for the Ninth Circuit · 1957
  4. Gem State Lumber Co. v. Galion Irrigated Land Co.Idaho Supreme Court · 1935
  5. Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1912

3Cited by3 opinions

  1. Arthur E. West v. Morrison-Knudsen Company, Inc.Court of Appeals for the Ninth Circuit · 1971
  2. Clark Contracting Services v. Finance (Clark Contracting Services, Inc.)United States Bankruptcy Court, W.D. Texas · 2008
  3. Arthur E. West v. Morrison-Knudsen Company, Inc.Court of Appeals for the Ninth Circuit · 1971

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