Legal Opinion

In re New York & Baltimore Inland Transp. Co.

District Court, D. Delaware

Decided October 8, 1921No. 356PublishedCited by 2 opinions

In Bankruptcy. In the matter of the New York & Baltimore Inland Transportation Company, bankrupt. On petition for review of order of referee holding the bankrupt’s mortgage invalid.

1Opinion of the Court

MORRIS, District Judge.

Thomas H. Hayes having filed his proof of claim against New York & Baltimore Inland Transportation Company, a Delaware corporation, bankrupt, for $100,000, secured, as therein alleged, by a mortgage made within four months before the filing of the petition in bankruptcy, pursuant to an agreement antedating that period, upon assets in the custody of the trustee, the latter by exceptions challenged the validity of the mortgage. The referee, after hearing, held the mortgage invalid, both at law and as effecting a voidable preference under section 60b of the Bankruptcy Act…

2Cases cited29 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Thompson v. FairbanksSupreme Court of the United States · 1905
  3. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  4. Walker v. BrownSupreme Court of the United States · 1897
  5. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904

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3Cited by2 opinions

  1. Stevens v. Acadia Dairies, Inc.Court of Chancery of Delaware · 1927
  2. Farmers' & Merchants' Sav. Bank v. PriceCourt of Appeals for the Eighth Circuit · 1924

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