Keppel v. Tiffin Savings Bank
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS' FOR THE SIXTH CIRCUIT. Charles A. Goetz became a‘voluntary bankrupt on October 12, 1900. George B. Keppel, the trustee, sued the Tiffin Savings Bank in an Ohio court to cancel two real estate mortgages executed by Goetz, one to secure a note for four and the other a note for two thousand dollars. The mortgage to secure the four thousand-dollar note was made more than four months before the adjudication in bankruptcy.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS' FOR THE SIXTH CIRCUIT. Charles A. Goetz became a‘voluntary bankrupt on October 12, 1900. George B. Keppel, the trustee, sued the Tiffin Savings Bank in an Ohio court to cancel two real estate mortgages executed by Goetz, one to secure a note for four and the other a note for two thousand dollars. The mortgage to secure the four thousand-dollar note was made more than four months before the adjudication in bankruptcy. The mortgage securing the two thousand-dollar note was executed a few days before the bankruptcy, the mortgagor being at the time…
1DissentJustice Day, joined by Justices Harlan, Brewer and Brown
I am' unable to agree with the construction given to the sections of the bankruptcy act under consideration, and because of the importance of the questions involved have deemed proper a statement of the conclusions reached.
Notwithstanding the first question propounded by the Court of Appeals presupposes that the $2,000 mortgage was a preference within the meaning of the bankrupt act, it is argued on behalf of the creditors that although the mortgage, made a few days prior to the bankruptcy proceedings and when the bankrupt was insolvent, was void under section 6343 of the Revised Statutes of…
2Cases cited3 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- In re Richter's EstateU.S. Circuit Court for the District of Iowa · 1870
- Streeter v. Jefferson County BankSupreme Court of the United States · 1893