Interstate Banking & Trust Co. v. Brown
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Actions by the Interstate Banking & Trust Company and others against J. W. Brown, trustee in bankruptcy of the Lesser-Ely Cotton Company, bankrupt, and others; J. W. Brown against Commercial Trust & Savings Bank and others; Commercial Trust & Savings Bank and others against J. W. Brown; and State Savings Bank of Memphis against J. W. Brown.
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Appeal from the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. Actions by the Interstate Banking & Trust Company and others against J. W. Brown, trustee in bankruptcy of the Lesser-Ely Cotton Company, bankrupt, and others; J. W. Brown against Commercial Trust & Savings Bank and others; Commercial Trust & Savings Bank and others against J. W. Brown; and State Savings Bank of Memphis against J. W. Brown. From a judgment of the District Court confirming conclusions of the referee, the Interstate Banking & Trust Company and others appeal. For…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] By virtue of the amendment of June, 1910, to section 47a (2) of the Bankruptcy Act, this trustee represents creditors not secured by receipts with the same force and effect as if these unsecured creditors had, on April 26th, levied executions upon the cotton in the ware*36house. This property came into the custody of the bankruptcy court, and titles or liens which, under the law of Tennessee, would have prevailed against such levying creditors are superior to the title of the trustee; all others must yield to that title. Bailey v. Baker Co., 239 U. S. 268,…
2Cases cited15 opinions
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- Holt v. HenleySupreme Court of the United States · 1914
- Commercial National Bank v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1916
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- Union Trust Co. v. WilsonSupreme Court of the United States · 1905
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3Cited by19 opinions
- Central States Corp. v. Luther. In Re Garden Grain & Seed Co., IncCourt of Appeals for the Tenth Circuit · 1954
- In re Seward Dredging Co.Court of Appeals for the Second Circuit · 1917
- Maritime Petroleum Corp. v. City of Jersey CitySupreme Court of New Jersey · 1949
- Pittman v. Union Planters Nat. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1941
- In Re LynchUnited States Bankruptcy Court, E.D. Kentucky · 1995
14 more not listed; retrieve them via the Exa API.