Legal Opinion

Humphrey v. Tatman

Supreme Court of the United States

Decided April 17, 1905No. 169PublishedCited by 116 opinions

ERROR TO THE SUPERIOR COURT OP THE STATE OP MASSACHUSETTS. The facts are stated in the opinion.

1Opinion of the CourtJustice Holmes

This is an action brought by a trustee in bankruptcy, the defendant in "error, to recover an alleged preference. The case was heard on agreed facts, which may be summed up as follows: Davis filed a voluntary petition in bankruptcy on May 23, 1901. Two years before, on May 6, 1899, being then solvent, he executed to the plaintiff in error, Humphrey, a mortgage of his present and after-acquired stock in trade and fixtures, which covered the goods in controversy; but the mortgage was not recorded, and the goods remained in Davis’s possession. On April 30, 1901, Humphrey, having reasonable cause…

2Cases cited3 opinions

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. Sawyer v. TurpinSupreme Court of the United States · 1875
  3. McGill's creditors v. McGill's administratorCourt of Appeals of Kentucky · 1859

3Cited by116 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Richardson v. ShawSupreme Court of the United States · 1908
  3. Benedict v. RatnerSupreme Court of the United States · 1925
  4. Sexton v. Kessler & Co.Supreme Court of the United States · 1912
  5. Security Mortgage Co. v. PowersSupreme Court of the United States · 1928

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