Legal Opinion
Lockhart v. Garden City Bank & Trust Co.
Court of Appeals for the Second Circuit
Decided December 30, 1940No. 113PublishedCited by 81 opinions
1Opinion of the Court
CLARK, Circuit Judge.
The .present controversy concerns the validity and effect of a chattel mortgage which was originally duly filed and recorded, but which had not been refiled within a year, as ordinarily required by state law, because the mortgagee had repossessed the chattels from the mortgagor during proceedings for an arrangement initiated by the latter under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. The referee and the district court held the mortgagee’s rights superior to those of a bankruptcy trustee later appointed, on the ground that in Chapter XI proceedings,…
2Cases cited33 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Mueller v. NugentSupreme Court of the United States · 1902
- Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
- Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
- Moore v. BaySupreme Court of the United States · 1931
28 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York CityCourt of Appeals for the Second Circuit · 1989
- In Re Ben Cooper, Inc.Court of Appeals for the Second Circuit · 1990
- In the Matter of Chaseley's Foods, Inc., D/B/A Vic's Super Foods, Debtor. Appeal of Daniel L. Freeland, TrusteeCourt of Appeals for the Seventh Circuit · 1984
- Schmidt v. Esquire, Inc. Schmidt v. Reader's Digest Ass'n, Inc. Schmidt v. Crowell-Collier Pub. CoCourt of Appeals for the Seventh Circuit · 1954
- In the Matter of Vintero Corporation, Debtor. Vintero Corporation v. Corporacion Venezolana De FomentoCourt of Appeals for the Second Circuit · 1984
76 more not listed; retrieve them via the Exa API.