Legal Opinion

The City National Bank & Trust Company v. Joe E. Oliver, Debtor, and Claude L. Rice, Trustee in Bankruptcy

Court of Appeals for the Tenth Circuit

Decided February 1, 1956No. 5121PublishedCited by 14 opinions

1Opinion of the Court

SAVAGE, District Judge.

This is an appeal by the City National Bank & Trust Company from a judgment of the United States District Court for the District of Kansas, affirming an order of the Referee in Bankruptcy in a wage earner’s Chapter XIII proceeding rejecting the bank’s claim to property under an unrecorded chattel mortgage.

The facts are not in dispute. The bank is the owner and holder of an installment note secured by a chattel mortgage upon a television set owned by Joe E. Oliver. The mortgaged property was at all times in Oliver’s possession in the state of Kansas. The mortgage was not…

2Cases cited3 opinions

  1. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  2. Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
  3. Whiteford Plastics Co., Inc. v. Chase National Bank of New York CityCourt of Appeals for the Second Circuit · 1950

3Cited by14 opinions

  1. In Re CarterUnited States Bankruptcy Court, D. Colorado · 1980
  2. Barber v. McCord Auto Supply, Inc. (In Re Pearson Industries, Inc.)United States Bankruptcy Court, C.D. Illinois · 1995
  3. Wellman v. WellmanCourt of Appeals for the Fourth Circuit · 1991
  4. Centennial Industries, Inc. v. NCR Corp. (In Re Centennial Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1981
  5. United States v. Allen S. Krakover, TrusteeCourt of Appeals for the Tenth Circuit · 1967

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