In re Schmidt
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of Max Schmidt, bankrupt. From an order directing John W. McDonald, trustee, to pay a chattel mortgage debt due from the bankrupt to Augusta Mauersburger, he appeals.
1Opinion of the Court
WARD, Circuit Judge.
April 21, 1908, the bankrupt for the full present consideration of $2,000 executed and delivered a chattel mortgage on the furniture and fixtures of a restaurant carried on by him to Augusta Mauersburger. The mortgagee is unable to speak the English language and apparently entirely unacquainted with business. The mortgage was not filed in the office of the register for the city *74and county of New York until July 8, 1908, through the omission of her attorney either to do so or to tell her to do so. October 16, 1908, the petition in bankruptcy was filed and a receiver…
2Cases cited5 opinions
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Karst v. . GaneNew York Court of Appeals · 1893
- Tooker v. . Siegel-Cooper Co.New York Court of Appeals · 1909
- In re GerstmanCourt of Appeals for the Second Circuit · 1907
- In re Watts-Woodward Press, Inc.Court of Appeals for the Second Circuit · 1910
3Cited by8 opinions
- In Re MyersCourt of Appeals for the Second Circuit · 1928
- In re Leslie-Judge Co.Court of Appeals for the Second Circuit · 1921
- Blue v. Herkimer Nat. BankCourt of Appeals for the Second Circuit · 1929
- Westinghouse Electric & Mfg. Co. v. Brooklyn Rapid Transit Co.Court of Appeals for the Second Circuit · 1920
- Premier & Potter Printing Press Co. v. FullerCourt of Appeals for the Second Circuit · 1923
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