Dougherty v. First Nat. Bank of Canton
Court of Appeals for the Sixth Circuit
Appeal from and Petition to Review an Order of the District Court of the United States for the Northern District of Ohio. In the matter of J. Alfred Klein, bankrupt. Appeal and petition-for review by C. A. Dougherty, trustee, to review an order of the District Court sustaining a chattel mortgage in favor of the First National Bank of Canton, Ohio. The trustee in bankruptcy brings this case here by both appeal and. petition to review.
Read the full summary
Appeal from and Petition to Review an Order of the District Court of the United States for the Northern District of Ohio. In the matter of J. Alfred Klein, bankrupt. Appeal and petition-for review by C. A. Dougherty, trustee, to review an order of the District Court sustaining a chattel mortgage in favor of the First National Bank of Canton, Ohio. The trustee in bankruptcy brings this case here by both appeal and. petition to review. In March, 1905, the bankrupt, Klein, an experienced hotel keeper, leased a large hotel at Canton, Ohio, for $S,200 for the first year and an increased rental…
1Opinion of the CourtSater, District Judge
(after stating the facts as above). The case is here both on appeal and on a petition for review. As no objection is made touching the remedies so chosen to bring the matters in controversy into this court, we need not .concern ourselves with any question of remedy or jurisdiction. Re Martin, 193 Eed. 841 (C. C. A. 6). '
The trustee in bankruptcy, to maintain his contention that the bank’s mortgage is invalid as against him as the representative of the bankrupt’s creditors, advances the following propositions:(1) The chattel mortgage transferred to the bank the whole of Klein’s property when…
2Cases cited23 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Etheridge v. SperrySupreme Court of the United States · 1891
- Thomas v. TaggartSupreme Court of the United States · 1908
- Holt v. Crucible Steel Co. of AmericaSupreme Court of the United States · 1912
- Tumlin v. BryanCourt of Appeals for the Fifth Circuit · 1908
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Waldschmidt v. Ranier (In Re Fulghum Construction Co.)United States Bankruptcy Court, M.D. Tennessee · 1980
- Carey v. DonohueCourt of Appeals for the Sixth Circuit · 1913
- Atlanta Knitting Mills v. Nathanson Bros.Court of Appeals for the Sixth Circuit · 1933
- Mason v. WyldeMassachusetts Supreme Judicial Court · 1941
- Pittman v. Union Planters Nat. Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1941
12 more not listed; retrieve them via the Exa API.