Legal Opinion
Miller v. Sulmeyer
Court of Appeals for the Ninth Circuit
Decided January 16, 1959No. 15781PublishedCited by 9 opinions
1Opinion of the Court
CHAMBERS, Circuit Judge.
The Millers sold a business in June, 1954, to the now bankrupt Deleon Corporation. They took back from Deleon a purchase money mortgage on chattels transferred to Deleon. There was a 79 day delay in recording of the chattel mortgage.1 This failure of the Millers to record was due to the negligence of a “trusted employee” who was apparently too busy with his defalcations of his employers’ cash to attend to routine business.
Eventually in December, 1954, under the terms of the mortgage the Millers repossessed the chattels and resold the property in March, 1955, for…
2Cases cited5 opinions
- Moore v. BaySupreme Court of the United States · 1931
- Wright v. Union Central Life InsuranceSupreme Court of the United States · 1938
- Noyes v. Bank of ItalyCalifornia Supreme Court · 1929
- Moore v. BayCourt of Appeals for the Ninth Circuit · 1930
- Mercantile Trust Co. v. KahnCourt of Appeals for the Eighth Circuit · 1953
3Cited by9 opinions
- Thomas v. GoughCourt of Appeals for the Ninth Circuit · 1972
- Miller v. SulmeyerCourt of Appeals for the Ninth Circuit · 1959
- Koehring Co. v. Nolden (In Re Pacific Trencher & Equipment, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- A. E. Mallagh, Trustee in Bankruptcy of the Bankrupt Estate of Orville Stanford, Inc. v. Bank of America National Trust and Savings Association, Etc.Court of Appeals for the Ninth Circuit · 1962
- Irving Sulmeyer, Etc. v. Miller Engineering Co.Court of Appeals for the Ninth Circuit · 1962
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