In re Leigh
District Court, D. Colorado
In Bankruptcy. On review of decision of referee in bankruptcy. This was a petition by a creditor of the bankrupt, exhibiting a chattel mortgage given by the bankrupt to secure a promissory note, covering a part of the stock in trade of the bankrupt. The chattels affected were in the possession of the trustee in bankruptcy, as assets of the estate.
Read the full summary
In Bankruptcy. On review of decision of referee in bankruptcy. This was a petition by a creditor of the bankrupt, exhibiting a chattel mortgage given by the bankrupt to secure a promissory note, covering a part of the stock in trade of the bankrupt. The chattels affected were in the possession of the trustee in bankruptcy, as assets of the estate. The petition prayed for leave to take possession of the mortgaged property and sell the same for the purpose of satisfying said note. The petition in bankruptcy was filed after the maturity of the mortgage, and before it was recorded. Possession was…
1Opinion of the CourtHallett, District Judge
(orally). There was an argument some days back upon a ruling made by the referee, which railing was brought into this court for review. Leigh Bros, were dealers in typewriting machines, and while they carried on business they made a chattel mortgage upon a portion of their stock to secure an indebtedness due to W. T. Branch. There were several mortgages in succession, some part of the indebtedness being paid from time to time, and the mortgage now in controversy is given to secure what was due iu May, 1899. The mortgage in controversy (and all of them, apparently) was not recorded; and the…
2Cited by2 opinions
- City National Bank of Greenville v. BruceCourt of Appeals for the Fourth Circuit · 1901
- Chilberg v. SmithCourt of Appeals for the Ninth Circuit · 1909