Legal Opinion

In re K-T Sandwich Shoppe

District Court, N.D. Ohio

Decided July 8, 1929No. 16725PublishedCited by 14 opinions

1Opinion of the CourtJones, J.

The main question involved relates to the effect of the Common Pleas receivership proceedings upon the chattel mortgage of the petitioner. This is obvious since the copy of the chattel mortgage was filed with the county recorder of Mahoning County, Ohio, prior to the institution of the bankruptcy proceedings, and unless the lien of the mortgage was lost in the State Court proceeding it is valid, against the trustee in bankruptcy. In re Klien, 197 Fed. 241, 248.

It is a general rule that a receiver acquires no greater rights in the property put into his possession by the appointing court than…

2Cases cited6 opinions

  1. Horn v. Pere Marquette R.U.S. Circuit Court for the District of Eastern Michigan · 1907
  2. Dougherty v. First Nat. Bank of CantonCourt of Appeals for the Sixth Circuit · 1912
  3. Shooters Island Shipyard Co. v. Standard Shipbuilding Corp.Court of Appeals for the Third Circuit · 1923
  4. First Nat. Bank v. WeaverCourt of Appeals for the Third Circuit · 1924
  5. H. K. Porter Co. v. BoydCourt of Appeals for the Third Circuit · 1909

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

3Cited by14 opinions

  1. Javitch v. First Union Securities, Inc.Court of Appeals for the First Circuit · 2003
  2. Zimmerman v. Frem Corp. (In Re Kenval Marketing Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. American Surety Co. of New York v. Wabash Ry. Co.Court of Appeals for the Eighth Circuit · 1939
  4. Link v. PowellDistrict Court, W.D. South Carolina · 1932
  5. American Trust Co. v. HarrisCourt of Appeals for the Ninth Circuit · 1937

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

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