In re Shirley
Court of Appeals for the Sixth Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Ohio, in Bankruptcy. This petition comes into this court to review an order in bankruptcy in the district court of the United States for the Northern district of Ohio, made upon the finding of the referee as to the validity of a certain chattel mortgage claimed hy the firm of Benton, Myers & Oo. upon the property of the bankrupt.
Read the full summary
Petition for Revision of Proceedings of the District Court of the United States for the Northern District of Ohio, in Bankruptcy. This petition comes into this court to review an order in bankruptcy in the district court of the United States for the Northern district of Ohio, made upon the finding of the referee as to the validity of a certain chattel mortgage claimed hy the firm of Benton, Myers & Oo. upon the property of the bankrupt. Upon hearing, the referee held that the mortgage was invalid as against the creditors of the bankrupt. The district court reversed this order, and held that…
1Opinion of the CourtDay, Circuit Judge
The- Revised Statutes of Ohio regulating the recording of chatiel mortgages in Ohio provide (section 4150):
“A mortgage, or conveyance, intended to operate as a mortgage of goods and chattels, which is not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, subsequent purchasers, and mortgagees in good faith, unless the mortgage, or a true copy thereof, be forthwith deposited as directed In the next section.”
This statute was construed in an early case by…
2Cases cited7 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- Sawyer v. TurpinSupreme Court of the United States · 1875
- Gibson v. WardenSupreme Court of the United States · 1872
- Folsom v. ClemenceMassachusetts Supreme Judicial Court · 1873
- James Forrester & Co. v. Kearney National BankNebraska Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Loeser v. Savings Deposit Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1906
- In Re MyersCourt of Appeals for the Second Circuit · 1928
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- In re First Nat. BankCourt of Appeals for the Sixth Circuit · 1905
20 more not listed; retrieve them via the Exa API.