Legal Opinion

McIntosh v. United States

Utah Supreme Court

Decided April 4, 1968No. 11078PublishedCited by 3 opinions

1Opinion of the Court

ELLETT, Justice:

This appeal involves two questions of law: (a) Is a mortgage given on property to be acquired in the future valid? (b) Is a chattel mortgage given on a motor vehicle valid when not registered with the Utah State Tax Commission within ten days after date ?

The appellant is the trustee of a debtor that was adjudicated a bankrupt on April 21, 1965. On May 20, 1963, the debtor obtained a loan from the Small Business Administration and as security therefor gave a chattel mortgage containing the following terms:

That Mortgagor hereby mortgages and warrants to Mortgagee the personal…

2Cases cited4 opinions

  1. Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
  2. Grand Forks National Bank v. Minneapolis & Northern Elevator Co.Supreme Court Of The Territory Of Dakota · 1889
  3. Bibend v. Liverpool & London Fire & Life InsuranceCalifornia Supreme Court · 1866
  4. Dahl v. PrinceUtah Supreme Court · 1951

3Cited by3 opinions

  1. Creer v. Valley Bank and Trust Co.Utah Supreme Court · 1988
  2. Associates Commercial Corp. v. Green (In Re Humphries)United States Bankruptcy Court, D. Utah · 1979
  3. Bank of Hawaii v. NeruHigh Court of American Samoa · 1997

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