In re Smith
District Court, E.D. Wisconsin
In Bankruptcy. In the matter of bankruptcy of Fred M. Smith. On proceedings to review a referee’s order denying an application of John Bartram. From an order directing the trustee to sell certain property covered by a chattel mortgage held by Bartram, and to apply the proceeds on a mortgage debt. On March 17, 1908, the bankrupt executed and delivered to the petitioner, Bartram, a chattel mortgage upon property and to secure an indebtedness therein described.
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In Bankruptcy. In the matter of bankruptcy of Fred M. Smith. On proceedings to review a referee’s order denying an application of John Bartram. From an order directing the trustee to sell certain property covered by a chattel mortgage held by Bartram, and to apply the proceeds on a mortgage debt. On March 17, 1908, the bankrupt executed and delivered to the petitioner, Bartram, a chattel mortgage upon property and to secure an indebtedness therein described. Such mortgage was filed with the town clerk of the town wherein the property was located on September 8, 1909, pursuant to section 2314,…
1Opinion of the CourtGeiger, District Judge
(after stating the facts as above). On june 25, 1910, Congress passed an amendment to section 47a (2) of the Bankruptcy .L,aw, adding, relative to the duties of trustees in bankruptcy, the following:
"And such trustees as to all property in the custody-, or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies and powers of a creditor holding a lien by legal or equitable proceedings thereon.”
Prior to the passage of this amendment, a trustee in bankruptcy was vested with no better right or title to the bankrupt’s property than belonged to the…
2Cases cited5 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Ullman v. DuncanWisconsin Supreme Court · 1890
- Manson v. Phœnix InsuranceWisconsin Supreme Court · 1885
- Arctic Ice Mach. Co. v. Armstrong County Trust Co.Court of Appeals for the Third Circuit · 1911
3Cited by4 opinions
- In re Pittsburg-Big Muddy Coal Co.Court of Appeals for the Seventh Circuit · 1914
- Atchison, T. & S. F. Ry. Co. v. BratcherSupreme Court of Oklahoma · 1924
- In re Fitzhugh Hall Amusement Co.District Court, W.D. New York · 1915
- McKesson-Fuller-Morrisson Co. v. Chapell Ice Cream Co.Appellate Court of Illinois · 1936