Hoyt v. Zibell
Court of Appeals for the Seventh Circuit
Petition to Review and Revise Order of the District Court of the United States for the Eastern Division of the Northern District of Illinois. In the matter of Louis Glass and another, bankrupts. Petition of J. M.' Hoyt, C. B. Little, and L. A. Stebbins, trustees, to review an order in favor of William Zibell, ancillary receiver.
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Petition to Review and Revise Order of the District Court of the United States for the Eastern Division of the Northern District of Illinois. In the matter of Louis Glass and another, bankrupts. Petition of J. M.' Hoyt, C. B. Little, and L. A. Stebbins, trustees, to review an order in favor of William Zibell, ancillary receiver. Petitioners’ chattel mortgage on the auto truck in question was duly executed and recorded in Lake county, Ind., where the mortgagor then resided and the truck was located. In August, 1917, the mortgagor permanently left Indiana, going into business at Kenosha, Wis.,…
1Opinion of the CourtArschuler, Circuit Judge
(after stating the facts as above). [1, 2] Under Bankruptcy Act July 1, 1898, c. 541, § 47a, 30 Slat. 557, as amended by Act June 25, 1910, c. 412, § 8, 36 Stat. 840 (Comp. St. § 9631), the rights of the ancillary receiver are those of an execution creditor, and it is well settled that the priority rights of such creditors as against claims for superior liens must be determined by the laws of the State wherein the execution is levied. Green v. Van Buskirk, 5 Wall. 307, 18 L. Ed. 599; Hervey v. R. I. Locomotive Works, 93 U. S. 664, 23 L. Ed. 1003; Corbett v. Riddle, 209 Fed. 811, 126 C. C. A.…
2Cases cited12 opinions
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Green v. Van BuskirkSupreme Court of the United States · 1867
- Shapard v. HynesCourt of Appeals for the Eighth Circuit · 1900
- Mumford v. CantyIllinois Supreme Court · 1869
- Corbett v. RiddleCourt of Appeals for the Fourth Circuit · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
- In Re Ford-Rennie Leather Co.District Court, D. Delaware · 1924
- Flora v. Julesburg Motor Co.Supreme Court of Colorado · 1920
- In Re Uni-Lab, Inc., Bankrupt, York & Foster, Inc.Court of Appeals for the Third Circuit · 1960
- In re Bowling Const. Corp.District Court, D. Maryland · 1927
5 more not listed; retrieve them via the Exa API.