Legal Opinion

In re Robin Bros. Bakeries, Inc.

District Court, N.D. Illinois

Decided December 22, 1937No. 65359PublishedCited by 4 opinions

1Opinion of the Court

WILKERSON, District Judge.

The objections of the bankruptcy trustee and of a stockholder raise the question of the validity of a duly recorded chattel mortgage securing a note for $2,500 lent to the bankrupt on December 21, 1936. Default occurred on February 15, 1937. A reorganization petition filed under section 77B, Bankr.Act, as amended, 11 U.S.C.A. § 207 and note, on March 1, 1937, showed assets of $43,106.33, and liabilities of $30,624.27.

The referee sustained the objections and held the mortgage invalid. He found (1) that the mortgage was not authorized by the stockholders as required by…

2Cases cited4 opinions

  1. Dean v. DavisSupreme Court of the United States · 1917
  2. Ashley Wire Co. v. Illinois Steel Co.Illinois Supreme Court · 1896
  3. United States Mortgage & Trust Co. v. Chicago & A. R. Co.Court of Appeals for the Seventh Circuit · 1930
  4. St. Louis Union Trust Co. v. Wabash, Chester & Western RailroadAppellate Court of Illinois · 1927

3Cited by4 opinions

  1. In Re Peoria Braumeister Co.Court of Appeals for the Seventh Circuit · 1943
  2. McDermott v. Bear Film Co.California Court of Appeal · 1963
  3. Phillips Petroleum Company, a Corporation v. Rock Creek Mining Company, a CorporationCourt of Appeals for the Ninth Circuit · 1971
  4. Security Discount Co. v. WesnerCourt of Appeals for the Seventh Circuit · 1943

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