Stites v. Dunnahoo
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the District of Indiana. This appeal is iTom a judgment "of the district court, sitting in bankruptcy, in the matter of Soudan Manufacturing Company, bankrupt, on review of findings by the referee, whereby a mortgage lien claimed by Robert N. Stites, appellant, against the plant, machinery, and tools of the bankrupt, is disallowed, and upon additional findings by the court the ruling of the referee that the mortgage…
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Appeal from the District Court of the United States for the District of Indiana. This appeal is iTom a judgment "of the district court, sitting in bankruptcy, in the matter of Soudan Manufacturing Company, bankrupt, on review of findings by the referee, whereby a mortgage lien claimed by Robert N. Stites, appellant, against the plant, machinery, and tools of the bankrupt, is disallowed, and upon additional findings by the court the ruling of the referee that the mortgage “constitutes no valid existing lien on any of the property” of the bankrupt is affirmed. The ‘Soudan Manufacturing Company,…
1Opinion of the CourtSeaman, District Judge
The proof is undisputed that the mortgage in question was made and accepted to secure a present loan by the appellant to the corporation of $12,500, and that previous to the negotiations for the loan no transactions had taken place and no acquaintance existed between the principals; but the validity of the mortgage is assailed upon two propositions: (t) That the corporation was insolvent, and by the transaction gave a preference to two of its creditors, — one being its president, — and the appellant received the mortgage with notice of such insolvency and purpose, thus violating the…
2Cases cited11 opinions
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Tiffany v. Boatman's InstitutionSupreme Court of the United States · 1874
- Barnet v. FergusIllinois Supreme Court · 1869
- United States v. GoodwinSupreme Court of the United States · 1812
- Lockwood v. HardingIndiana Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Telesphere Communications, Inc.United States Bankruptcy Court, N.D. Illinois · 1994
- In re First Nat. BankCourt of Appeals for the Sixth Circuit · 1905
- In re HolmesCourt of Appeals for the Eighth Circuit · 1905
- In re PeaseDistrict Court, E.D. Michigan · 1902
- Young v. UpsonU.S. Circuit Court for the District of Southern New York · 1902
6 more not listed; retrieve them via the Exa API.