Legal Opinion

Martin v. Commercial Nat. Bank of MacOn

Supreme Court of the United States

Decided January 14, 1918No. 100PublishedCited by 83 opinions

CERTIORARI TO THE CIRCUIT’COURT OF APPEALS FOR THE FIFTH CIRCUIT. The case is stated in the opinion. distinguished Keeble v. John Deere Plow Co., 190 Fed. Rep. 1019; In re Jacobson & Perrill, 200 Fed. Rep. 812; and Anderson v. Chenault, 208 Fed. Rep. 400; and relied on Carey v. Donohue, 240 U. S. 430; Covington v. Brigman, 32 A. B. Rep. 35; Pacific State Bank v. Coats, 205 Fed. Rep. 619; Potter Mfg. Co. v. Arthur, 220 Fed.

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CERTIORARI TO THE CIRCUIT’COURT OF APPEALS FOR THE FIFTH CIRCUIT. The case is stated in the opinion. distinguished Keeble v. John Deere Plow Co., 190 Fed. Rep. 1019; In re Jacobson & Perrill, 200 Fed. Rep. 812; and Anderson v. Chenault, 208 Fed. Rep. 400; and relied on Carey v. Donohue, 240 U. S. 430; Covington v. Brigman, 32 A. B. Rep. 35; Pacific State Bank v. Coats, 205 Fed. Rep. 619; Potter Mfg. Co. v. Arthur, 220 Fed. Rep: 843; Massachusetts Bonding Co. v. Kemper, 220 Fed. Rep. 847; and Millikin v. Second National Bank of Baltimore, 206 Fed. Rep. 14. Section 60b, as amended, gives the…

1Opinion of the CourtJustice McReynolds

As security for money presently loaned to him iu good faith by the Commercial National Bank, one Virgin executed and delivered a mortgage' upon his stock of merchandise at Macon, Georgia, February 16, 1914. It was recorded August 20, 1914, when the bank knew of his insolvency. The next day involuntary bankruptcy pro ceedings were instituted and in due time he was adjudged bankrupt and a trustee appointed. Recordation of the mortgage Was not fraudulently delayed and prior thereto no other hens were fixed upon the property. Both trustee and other creditors objected to the bank’s claim as one…

2Cases cited5 opinions

  1. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  2. Carey v. DonohueSupreme Court of the United States · 1916
  3. Gardner, Dexter & Co. v. Moore, Trimble & Co.Supreme Court of Georgia · 1874
  4. Hardaway v. SemmesSupreme Court of Georgia · 1858
  5. Myers & Marcus v. PicquetSupreme Court of Georgia · 1878

3Cited by83 opinions

  1. Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
  2. United States v. Edward I. Eiland, Trustee in Bankruptcy of Sport Coal Company, Inc., a Corporation, BankruptCourt of Appeals for the Fourth Circuit · 1955
  3. Grain Merchants of Indiana, Inc., Bankrupts, Mark L. France, Trustee v. Union Bank and Savings Company, Bellevue, OhioCourt of Appeals for the Seventh Circuit · 1969
  4. Finance & Guaranty Co. v. OppenhimerSupreme Court of the United States · 1928
  5. Nuckolls v. Bank of CaliforniaCalifornia Supreme Court · 1937

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