Legal Opinion

O'Connell v. Central Bank

U.S. Circuit Court for the District of Oregon

Decided February 9, 1897No. 2,177Published

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

  1. Beall v. CowanCourt of Appeals for the Ninth Circuit · 1896

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API