In re Pittsburg-Big Muddy Coal Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Illinois; Francis M. Wright, Judge. In the matter of bankruptcy proceedings of the Pittsburg-Big Muddy Coal Company. Petition by the Goodman Manufacturing Company for the recovery of certain machinery covered by a chattel mortgage to secure a portion of the purchase price, sold to the St. Louis Company, and by it sold to the bankrupt, subject to the mortgage.
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Appeal from the District Court of the United States for the Eastern District of Illinois; Francis M. Wright, Judge. In the matter of bankruptcy proceedings of the Pittsburg-Big Muddy Coal Company. Petition by the Goodman Manufacturing Company for the recovery of certain machinery covered by a chattel mortgage to secure a portion of the purchase price, sold to the St. Louis Company, and by it sold to the bankrupt, subject to the mortgage. From a decree dismissing the petition for want of equity, petitioner appeals.
1Opinion of the Court
BAKER, Circuit Judge.
Appellant sold machinery in 1911 to the St. Louis Coal Company, and took a chattel mortgage thereon to secure part of the purchase price. This machinery was afterwards sold by the St. Louis Company to the Big Muddy Company (bankrupt herein) subject to the mortgage. Before the petition in bankruptcy was filed, appellant’s mortgage, by reason of extensions and changes in the notes without filing the affidavits required by the Illinois statute respecting the recordation of chattel mortgages, though remaining valid between mortgagor and mortgagee, became subject to avoidance…
2Cases cited34 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Pacific State Bank v. CoatsCourt of Appeals for the Ninth Circuit · 1913
- Big Four Implement Co. v. WrightCourt of Appeals for the Eighth Circuit · 1913
- In re Farmers' Co-operative Co.District Court, D. North Dakota · 1913
- Clark v. SnellingCourt of Appeals for the First Circuit · 1913
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3Cited by11 opinions
- Albert Pick & Co. v. WilsonCourt of Appeals for the Eighth Circuit · 1927
- National Bank of Bakersfield v. MooreCourt of Appeals for the Ninth Circuit · 1918
- Lake View State Bank v. JonesCourt of Appeals for the Seventh Circuit · 1917
- Mergenthaler Linotype Co. v. HullCourt of Appeals for the First Circuit · 1916
- White v. Pacific Southwest Trust & Savings BankDistrict Court, S.D. California · 1925
6 more not listed; retrieve them via the Exa API.