Legal Opinion
Wells v. Cermak
Court of Appeals for the Sixth Circuit
Decided April 8, 1936No. 6929PublishedCited by 10 opinions
1Opinion of the Court
SIMONS, Circuit Judge.
In Ohio a mortgage of personal property is void as to creditors where the mortgagor retains possession of the property with power of disposition. Francisco v. Ryan, 54 Ohio St. 307, 43 N.E. 1045, 56 Am.St.Rep. 711. The question here to be determined is whether the mortgagee had perfected his lien prior to the adjudication of the mortgagor as a bankrupt, and this in turn depends upon whether the mortgagee was in possession of the chattels at the time a state court receiver was appointed, or whether the chattels were then in custodia legis. Upon a turn-over order of the…
2Cases cited7 opinions
- Harrison v. ChamberlinSupreme Court of the United States · 1926
- Schumacher v. BeelerSupreme Court of the United States · 1934
- Horn v. Pere Marquette R.U.S. Circuit Court for the District of Eastern Michigan · 1907
- Webb v. Western Reserve Bond & Share Co.Ohio Supreme Court · 1926
- Beeler v. SchumacherCourt of Appeals for the Sixth Circuit · 1934
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
- Leonia Amusement Corp. v. Loew's Inc.District Court, S.D. New York · 1953
- Conrad v. MedinaDistrict of Columbia Court of Appeals · 1946
- Hobson v. Dempsey Construction Co.Supreme Court of Iowa · 1943
- Westchester Fire Ins. v. BringleCourt of Appeals for the Sixth Circuit · 1936
5 more not listed; retrieve them via the Exa API.