Titus v. Maxwell
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Michigan; Clarence W. Sessions, Judge. Petition by William Maxwell, trustee in bankruptcy of Thomas L. Hamden, to discharge the proceeds of a sale of property from the lien of a chattel mortgage in favor of Lincoln H. Titus. From an order adverse to the mortgagee, he appeals.
1Opinion of the Court
KNAPPEN, Circuit Judge.
Appeal' from an order denying priority. The bankrupt and one Johnston were partners in a retail meat business at Kalamazoo, Mich., under the name of the “Liberty Cash & Carry Market.” On January 10, 1921, Johnston sold to the bankrupt the former’s interest in the partnership business for $700, and received therefor from the bankrupt the latter’s seven negotiable notes, of $100 each, secured by a chattel mortgage upon the entire assets of the former partnership. This mortgage was duly recorded on the next day after it was given. On February 18, 1921, Johnston sold and…
2Cases cited19 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Francis v. McNealSupreme Court of the United States · 1913
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887
- International Agr. Corp. v. CaryCourt of Appeals for the Sixth Circuit · 1917
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3Cited by2 opinions
- Tatum v. Acadian Production CorporationDistrict Court, E.D. Louisiana · 1940
- Dakota Trust & Savings Bank of Sioux Falls v. HansonCourt of Appeals for the Eighth Circuit · 1925