In re Bothe
Court of Appeals for the Eighth Circuit
Petition to Revise Decree of the District Court of the United States for the Eastern Division of the Eastern District of Missouri, in Bankruptcy. In the matter of Lawrence Martin, bankrupt. On petition by George Bothe to revise an order holding a chattel mortgage invalid as to certain creditors.
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Petition to Revise Decree of the District Court of the United States for the Eastern Division of the Eastern District of Missouri, in Bankruptcy. In the matter of Lawrence Martin, bankrupt. On petition by George Bothe to revise an order holding a chattel mortgage invalid as to certain creditors. On June 2, 1906, Lawrence Martin executed and delivered to George Bothe a chattel mortgage, conveying to him certain personal property, including five wagons, to secure him against liability on an indorsement then made for Martin’s accommodation. The mortgaged property remained in the possession of…
1Opinion of the CourtAdams, Circuit Judge
(after stating the facts as above). The court below was clearly right in holding the mortgage inoperative and void as to the five wagons. It appears without contradiction that *599Martin had six wagons of various kinds at the time fie executed the mortgage. The only description of those conveyed was “five wagons.” There was no segregation of any particular five wagons from the larger number owned by Martin, and no means were disclosed, in the mortgage or otherwise, for determining which of them were intended to be conveyed. Tor want, therefore, of a sufficient description to identify the property…
2Cases cited5 opinions
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Landis v. McDonaldMissouri Court of Appeals · 1901
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
3Cited by30 opinions
- Gochenour v. Cleveland Terminals Bldg. Co.Court of Appeals for the Sixth Circuit · 1941
- Thomas Roberts & Co. v. RobinsonCourt of Appeals of Maryland · 1922
- Anderson v. Oklahoma Moline Plow Co.Court of Appeals for the Eighth Circuit · 1917
- Henderson Tire & Rubber Co. v. ReevesCourt of Appeals for the Eighth Circuit · 1926
- Frost v. Latham & Co.U.S. Circuit Court for the District of Southern Alabama · 1910
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