Legal Opinion · Dissent

In re R. E. Taylor Corp.

Court of Appeals for the Second Circuit

Decided December 19, 1917No. 79Published

Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the bankruptcy of the R. E. Taylor Corporation, The petition of Ezra P. Prentice, as receiver of the bankrupt, to enjoin the Maxwell Motor Sales Corporation from making any claim upon the proceeds of a sale of certain motor cars being denied, the receiver petitions to revise.

1DissentRogers, Circuit Judge

I am unable to concur, while conceding that on the facts the question is a close one. The question involved, as it seems to me, is whether one who in effect has attempted to defeat the purpose of the chattel mortgage act may nevertheless claim the benefit of the mortgage. The facts lie within a narrow com*225pass. The R. F. Taylor Corporation, the bankrupt herein, wished to buy 20 Maxwell Motor Company touring cars. The manager of the Maxwell Motor Sales Corporation testiJied that the cars were purchased from him by the Taylor Corporation and for the Taylor Corporation, but that they were…

2Cases cited8 opinions

  1. Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
  2. Learned v. BrownCourt of Appeals for the Fifth Circuit · 1899
  3. Cohen v. ChambersCourt of Appeals for the Fifth Circuit · 1910
  4. Bourland v. McKnightSupreme Court of Arkansas · 1906
  5. Rainey v. NanceIllinois Supreme Court · 1870

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