Egan State Bank v. Rice
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of South Dakota. Henry H. Platts, a retail merchant of Egan, S. D.; on December 8, 1899, borrowed of the appellant bank $600 on his promissory note, payable in six months, secured by. chattel mortgage upon Platts’ stock of merchandise, except groceries.
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Appeal from the District Court of the United States for the District of South Dakota. Henry H. Platts, a retail merchant of Egan, S. D.; on December 8, 1899, borrowed of the appellant bank $600 on his promissory note, payable in six months, secured by. chattel mortgage upon Platts’ stock of merchandise, except groceries. This mortgage was recorded August 10, 1900. In the meantime six months’ interest was paid June 8, 1900, and the note was then extended, by writing indorsed thereon, for another six months. On November 2, 1900, Platts borrowed of appellant bank the further sum of $500, and…
1Opinion of the CourtRochren, District Judge
This appeal questions the correctness of the decision of the learned' district judge that upon the evidence it appears that the chattel mortgage of November 2, 1900, made by Platts to the bank, was made-by him with intent to hinder and delay his creditors, and was therefore null and void as to his creditors, by the law of South Dakota in respect to such conveyances, as well as under the bankruptcy act of 1898 [U. S. Comp. St. 1901, p. 3418]. Section 67c of this act [U. S. Comp. St. 1901, p. 3449] provides as follows:
“That all conveyances, transfers, assignments, or incumbrances of bis…
2Cases cited14 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Edgell v. . HartNew York Court of Appeals · 1853
- Russell v. . WinneNew York Court of Appeals · 1868
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Freeman v. RawsonOhio Supreme Court · 1855
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3Cited by9 opinions
- Richardson v. Germania BankCourt of Appeals for the Second Circuit · 1919
- In re GeiverDistrict Court, D. South Dakota · 1912
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
- In re Wright & WeissingerDistrict Court, N.D. Mississippi · 1921
- Pierre Banking & Trust Co. v. WinklerSouth Dakota Supreme Court · 1917
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