Legal Opinion
Adams v. City Bank & Trust Co. of MacOn, Ga.
Court of Appeals for the Fifth Circuit
Decided November 15, 1940No. 9655PublishedCited by 13 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This appeal presents the question: Does a bill of sale conveying personal property to secure an indebtedness simultaneously created become a preference voidable in bankruptcy, when subsequently recorded while the debtor is insolvent and within four months before the filing of the petition in bankruptcy, the creditor having reason to believe, at the date of filing for-record, that the debtor is insolvent?
There is no claim of fraud involved, there having been no understanding between the creditor and the debtor that the bill of sale would be withheld from record. The sole…
2Cases cited12 opinions
- Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
- Carey v. DonohueSupreme Court of the United States · 1916
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Martin v. Commercial Nat. Bank of MacOnSupreme Court of the United States · 1918
- Tiffany v. Boatman's InstitutionSupreme Court of the United States · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
- King-Porter Company v. ScanlonCourt of Appeals for the Fifth Circuit · 1971
- Mary K. Aulick, and Cross-Appellee v. Flournoy L. Largent, Jr., Trustee for Ansel B. Solenberger, Bankrupt, and Cross-Appellant v. Eldridge M. LemleyCourt of Appeals for the Fourth Circuit · 1961
- Cumberland Portland Cement Co. v. Reconstruction Finance Corp.District Court, E.D. Tennessee · 1953
- In Re Quaker City Sheet Metal Co.Court of Appeals for the Third Circuit · 1942
8 more not listed; retrieve them via the Exa API.