First Nat. Bank of Buchanan County v. Connett
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Missouri. Petition for Revision of Proceedings of the District Court of the United States for the Western District of Missouri. The First National Bank of Buchanan County, St. Joseph, Mo., presented four promissory notes for allowance against the estate of James B. Matney, bankrupt. Two of them were unsecured; the others were secured by chattel mortgages.
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Appeal from the District Court of the United States for the Western District of Missouri. Petition for Revision of Proceedings of the District Court of the United States for the Western District of Missouri. The First National Bank of Buchanan County, St. Joseph, Mo., presented four promissory notes for allowance against the estate of James B. Matney, bankrupt. Two of them were unsecured; the others were secured by chattel mortgages. One of the mortgages was given October 31, 1902, and the other June 26, 1903. When they were given the bankrupt was in fact insolvent, but at that time the bank…
1Opinion of the CourtHook, Circuit Judge
When the mortgages were executed the mortgagor was insolvent, but the bank to whom they were given did not know it and had no reason to believe he intended to give it a preference. One of them was withheld from the record about ten months, and the other about two months. When they were recorded, which was a month before the petition in bankruptcy was filed, the bank knew the mortgagor was insolvent and contemplated a disposition of his property to secure certain of his creditors. It also knew that the inevitable effect of the enforcement of the mortgages would be to give it a greater…
2Cases cited24 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Humphrey v. TatmanSupreme Court of the United States · 1905
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Dudley v. EastonSupreme Court of the United States · 1881
19 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- In re BotheCourt of Appeals for the Eighth Circuit · 1909
- Thomas Roberts & Co. v. RobinsonCourt of Appeals of Maryland · 1922
- Loeser v. Savings Deposit Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1906
- Big Four Implement Co. v. WrightCourt of Appeals for the Eighth Circuit · 1913
42 more not listed; retrieve them via the Exa API.