J. W. Butler Paper Co. v. Goembel
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern Division of the Northern District of Illinois. This appeal is from an order of the District Court, which sets aside and declares void a chattel mortgage in favor of the appellants, upon certain property of H. F. Chandler, bankrupt, involved in the bankruptcy proceedings.
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Appeal from the District Court of the United States for the Northern Division of the Northern District of Illinois. This appeal is from an order of the District Court, which sets aside and declares void a chattel mortgage in favor of the appellants, upon certain property of H. F. Chandler, bankrupt, involved in the bankruptcy proceedings. The appellants, J. W. Butler Paper Company and American Type Founders Company, as owners of a chattel mortgage executed by the bankrupt February 9, 1904, filed their petition in the District Court to have such mortgage adjudicated as a lien, with direction…
1Per curiam
The validity of the appellants’ mortgage is challenged only as an unlawful preference within the terms of Section 60 of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445]). Section 3a (2) prescribes one of the acts of bankruptcy to be, the transfer by a. person, while insolvent, of “any portion of his property to one or more of his creditors with intent to prefer such creditors over his other creditors.” Section 60a defines such preference to consist of three elements, namely: (1) insolvency of the bankrupt when the transfer is made; (2) making within…
2Cases cited1 opinion
- Grant v. National BankSupreme Court of the United States · 1878
3Cited by18 opinions
- Vadnais Lumber Supply, Inc. v. Byrne (In Re Vadnais Lumber Supply, Inc.)United States Bankruptcy Court, D. Massachusetts · 1989
- Utility Stationery Stores, Inc. v. American Portfolio (In Re Utility Stationery Stores, Inc.)United States Bankruptcy Court, N.D. Illinois · 1981
- Cumberland Portland Cement Co. v. Reconstruction Finance Corp.District Court, E.D. Tennessee · 1953
- In re McDonaldDistrict Court, D. South Carolina · 1910
- Dougherty v. First Nat. Bank of CantonCourt of Appeals for the Sixth Circuit · 1912
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