Legal Opinion

In re Shapiro

District Court, D. Maryland

Decided August 14, 1940No. 9182PublishedCited by 4 opinions

1Opinion of the Court

CHESNUT, District Judge.

In the above bankruptcy case the Referee, on the petition of the trustee, set aside a $5,000 mortgage by the bankrupt to Schumacher & Seiler, Inc., because it was invalid as a mortgage for future advances under the Maryland Code, Article 66, section 2 which in part provides: “and no mortgage to secure future loans or advances shall be valid unless the amount or amounts' of the same and the times when they are to be made shall be specifically stated in said mortgage”. (Italics supplied.)

The mortgage was defective because it failed to state the amounts to be severally…

2Cases cited16 opinions

  1. Moore v. BaySupreme Court of the United States · 1931
  2. Knapp v. Milwaukee Trust Co.Supreme Court of the United States · 1910
  3. Dyson v. SimmonsCourt of Appeals of Maryland · 1878
  4. Warner v. RiceCourt of Appeals of Maryland · 1887
  5. Valentine v. SeissCourt of Appeals of Maryland · 1894

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hoffman v. Key Federal Savings & Loan Ass'nCourt of Appeals of Maryland · 1979
  2. Wilson Brothers v. CooeyCourt of Appeals of Maryland · 1968
  3. In re ShapiroDistrict Court, D. Maryland · 1940
  4. Schumacher & Seiler, Inc. v. SandlerCourt of Appeals for the Fourth Circuit · 1941

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