Legal Opinion
Stark v. Baltimore Soda Fountain Mfg. Co.
District Court, D. Maryland
Decided January 4, 1952No. 5300PublishedCited by 7 opinions
1Opinion of the Court
CHESNUT, District Judge.
In this case the Trustee in Bankruptcy sues to recover an alleged preference under section 60 of the Bankruptcy Act, 11 U.S. C.A. § 96. The principal defenses are (1) limitations and (2) res adjudicata.
The preference, according to the plaintiff’s contention, resulted from the re-taking by the defendant of chattels sold by it to the bankrupt under a conditional sale contract which the plaintiff asserts was defectively recorded under the applicable State law, Maryland Code of 1939, Art. 21, '§ 71, and could have been avoided at the instance of intervening creditors…
2Cases cited20 opinions
- Taylor v. SternbergSupreme Court of the United States · 1935
- Herget v. Central National Bank & Trust Co.Supreme Court of the United States · 1945
- Brown v. Bendix Radio Division of Bendix Aviation Corp.Court of Appeals of Maryland · 1947
- General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.Court of Appeals for the Fourth Circuit · 1939
- Thomas Roberts & Co. v. RobinsonCourt of Appeals of Maryland · 1922
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3Cited by7 opinions
- Coleman v. AlcockCourt of Appeals for the Fifth Circuit · 1959
- Clark v. Mutual Lumber Co., Inc.Court of Appeals for the Fifth Circuit · 1953
- Tatelbaum v. Commerce Investment Co.Court of Appeals of Maryland · 1970
- Dudley v. DickieCourt of Appeals for the Ninth Circuit · 1960
- Saper v. LongDistrict Court, S.D. New York · 1954
2 more not listed; retrieve them via the Exa API.