O'Connell v. Central Bank
U.S. Circuit Court for the District of Oregon
This was a suit in equity by Eugene O’Connell and others against the Central Bank to set aside a mortgage made to the latter by the Oakland Box & Barrel Manufacturing Company.
1Opinion of the Court
BELLINGER, District Judge.
This is a suit to set aside a mortgage made by the Oakland Box & Barrel Manufacturing Company to the bank. It is claimed and appears that the mortgage in question was upon all the property of the Oakland Box & Barrel Manufacturing Company, and that the Oakland Box ’& Barrel Manufacturing Company was insolvent at the time the mortgage was made, and I have no doubt but that the bank knew of this condition. Nevertheless, it is the law of this circuit that such a mortgage is not within the provision of the statute (section 3173, Hill’s Ann. Laws Or.) which provides that…
2Cases cited1 opinion
- Beall v. CowanCourt of Appeals for the Ninth Circuit · 1896