Legal Opinion

Wethered, Tr. v. Alban Tractor

Court of Appeals of Maryland

Decided April 10, 1961No. [No. 140, September Term, 1960.]PublishedCited by 16 opinions

1Opinion of the CourtHammond, J.

A bankruptcy trustee, seeking to capture for the estate the proceeds of sale on foreclosure of an unrecorded chattel mortgage given by the bankrupt, contends on appeal from a decree rejecting his claim that he stands in the shoes of lien creditors who could have set aside the chattel mortgage and, therefore, that the mortgage and its foreclosure were ineffective as to him.

The problems the case presents arise out of the financing procedures of the bankrupt, a corporation known as John B. Gaither, Jr., Inc., and are not entirely new to this Court. Two aspects of them have been before us on…

2Cases cited47 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Aquilino v. United StatesSupreme Court of the United States · 1960
  3. United States v. BessSupreme Court of the United States · 1958
  4. Gardner v. New JerseySupreme Court of the United States · 1947
  5. Moore v. BaySupreme Court of the United States · 1931

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3Cited by16 opinions

  1. Farmers & Merchants National Bank v. SchlossbergCourt of Appeals of Maryland · 1986
  2. Maryland National Bank v. The Mayor and City Council of Baltimore, in the Matter of Maryland Glass Corporation, DebtorCourt of Appeals for the Fourth Circuit · 1983
  3. Wynn v. StateCourt of Appeals of Maryland · 2005
  4. Malakoff v. WashingtonDistrict of Columbia Court of Appeals · 1981
  5. Pagenhardt v. WalshCourt of Appeals of Maryland · 1968

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