In re Burrows
District Court, D. Indiana
In bankruptcy. On the 9th of March, 1876, Asa W. Burrows, a confectioner, executed a chattel mortgage on his stock in trade, fixtures, furniture, and utensils, to secure to William T. Gibson the payment of certain promissory notes.
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In bankruptcy. On the 9th of March, 1876, Asa W. Burrows, a confectioner, executed a chattel mortgage on his stock in trade, fixtures, furniture, and utensils, to secure to William T. Gibson the payment of certain promissory notes. On the 28th of February, 1876, the Aetna Insurance Company brought suit in the circuit court of the United States for this district, against Burrows, to recover possession of certain premises, and for unpaid rent; and on the 25th of March the insurance company obtained judgment for possession of the premises, and $700 for their use and occupation. On the 28th of…
1Opinion of the Court
GRESHAM, District Judge.
The insurance company insists that, although on its face there was no objection to the mortgage, yet it was void, because there was a verbal agreement between Gibson and Burrows that the latter should continue his business just as he had done before, disposing of the mortgaged property for his own benefit. This was denied by Gibson, and the special master to whom this question of fact was referred, reported that the mortgaged property consisted of the stock, fixtures, furniture, etc., of Burrows’ confectionery store; that with the knowledge and consent of Gibson,…
2Cases cited117 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Stix v. SadlerIndiana Supreme Court · 1887
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Russell v. . WinneNew York Court of Appeals · 1868
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3Cited by1 opinion
- Stites v. DunnahooCourt of Appeals for the Seventh Circuit · 1902