Calkins v. Lichtig
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Northern Division of the Eastern District of Michigan; Arthur ,J. Tuttle, Judge. , In the matter of the bankruptcy of Irwin .R. Schlegel. From a decree sustaining the objection of David B. Dichtig, trustee in bankruptcy, to the bankrupt’s chattel mortgage, because made in fraud of his subsequent creditors, ■ the mortgagee, Charles W. Calkins, appeals.
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Appeal from the District Court of the United States for the Northern Division of the Eastern District of Michigan; Arthur ,J. Tuttle, Judge. , In the matter of the bankruptcy of Irwin .R. Schlegel. From a decree sustaining the objection of David B. Dichtig, trustee in bankruptcy, to the bankrupt’s chattel mortgage, because made in fraud of his subsequent creditors, ■ the mortgagee, Charles W. Calkins, appeals. The only question on this appeal is raised by the claim of the trustee in bankruptcy that a chattel mortgage given August 24, 1914, by Schlegel, the bankrupt, to Galkins, bis unde, the…
1Opinion of the CourtHollister, District Judge
(after stating the facts as above). [1] In view of the facts and the reasonable inferences to be drawn from them, it is idle to urge tiiat a chattel mortgage o f after-acquired property is good in Michigan, that one partner may sell his interest in the partnership to another partner, that filing the mortgage was technical notice to the world of its existence, or, in the absence of further information than the record discloses, that the consideration for the mortgage was valuable, and that there were many' evidences of good faith in the transaction, such as filing the mortgage and notice of…
2Cases cited3 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Amundson v. FolsomCourt of Appeals for the Eighth Circuit · 1914
- Dorrington v. CarpenterMichigan Supreme Court · 1912