Legal Opinion

M. M. Landy, Inc. v. John Nicholas, as Receiver of Continental Charterers, Inc., Bankrupt

Court of Appeals for the Fifth Circuit

Decided April 26, 1955No. 15159PublishedCited by 29 opinions

1Opinion of the Court

TUTTLE, Circuit Judge.

This case involves the application of the preference provisions of § 60, sub. a of the Bankruptcy Act, 11 U.S.C.A. § 96, sub. a, to loans made on the security of assigned choses in action against the United States. The assignments were neither recorded as assignments of accounts receivable nor made in compliance with the Federal Assignment of Claims statute, 31 U.S.C.A. § 203, but United States Government warrants evidencing or representing the assignor's rights to payment of the choses in action are by virtue of the assignment agreement in the possession of the assignee.

2Cases cited38 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Benedict v. RatnerSupreme Court of the United States · 1925
  3. Martin v. National Surety Co.Supreme Court of the United States · 1937
  4. Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
  5. Spofford v. KirkSupreme Court of the United States · 1878

33 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Mayo v. Pioneer Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1959
  2. Lodge 1858, American Federation of Government Employees v. Thomas O. Paine, Administrator, National Aeronautics and Space AdministrationCourt of Appeals for the D.C. Circuit · 1970
  3. Walton v. Piqua State BankSupreme Court of Kansas · 1970
  4. Peter T. Ribaudo, Trustee of Visser Plumbing and Heating Co., Inc., Bankrupt v. Citizens National Bank of OrlandoCourt of Appeals for the Fifth Circuit · 1958
  5. Gulf Oil Corporation v. Mrs. Eva Wright and the Standard Insurance Company, IntervenerCourt of Appeals for the Fifth Circuit · 1956

24 more not listed; retrieve them via the Exa API.

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