Oliver MacHinery Company v. Wadsworth Bissell, Receiver of Valley City Furniture Co.

Sixth Circuit

Oliver MacHinery Company v. Wadsworth Bissell, Receiver of Valley City Furniture Co.

261 F.2d 596, 1958 U.S. App. LEXIS 4852

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 19, 1958

Docket13622_1

StatusPublished

Cited by2 cases

This text of 261 F.2d 596 (Oliver MacHinery Company v. Wadsworth Bissell, Receiver of Valley City Furniture Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Oliver MacHinery Company v. Wadsworth Bissell, Receiver of Valley City Furniture Co., 261 F.2d 596, 1958 U.S. App. LEXIS 4852 (6th Cir. 1958).

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Opinion

PER CURIAM.

The sole issue on this appeal is whether appellant’s chattel mortgage, filed four *597 days after it was executed, and which is admittedly void as to an actual interim creditor, is also void in its entirety as to the receiver and all other creditors of the debtor in an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. The decision of this issue involves the construction of a Michigan statute, Sec. 556.140, C.L.Mich.1948, as amended, pertaining to the filing of chattel mortgages, and also section 70, sub. e(1) of the Bankruptcy Act, 11 U.S.C.A. § 110, sub. e(1).

Chief District Judge Starr, in a well reasoned opinion, 161 F.Supp. 39, held the chattel mortgage null and void as against the receiver and all other creditors of the debtor company, and, for the reasons stated in his opinion and also on the controlling authority of Moore v. Bay, 284 U.S. 4, 52 S.Ct. 3, 76 L.Ed. 133, the judgment is affirmed.

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PER CURIAM.

The sole issue on this appeal is whether appellant’s chattel mortgage, filed four *597 days after it was executed, and which is admittedly void as to an actual interim creditor, is also void in its entirety as to the receiver and all other creditors of the debtor in an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. The decision of this issue involves the construction of a Michigan statute, Sec. 556.140, C.L.Mich.1948, as amended, pertaining to the filing of chattel mortgages, and also section 70, sub. e(1) of the Bankruptcy Act, 11 U.S.C.A. § 110, sub. e(1).

Chief District Judge Starr, in a well reasoned opinion, 161 F.Supp. 39, held the chattel mortgage null and void as against the receiver and all other creditors of the debtor company, and, for the reasons stated in his opinion and also on the controlling authority of Moore v. Bay, 284 U.S. 4, 52 S.Ct. 3, 76 L.Ed. 133, the judgment is affirmed.

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Bluebook (online)

261 F.2d 596, 1958 U.S. App. LEXIS 4852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-machinery-company-v-wadsworth-bissell-receiver-of-valley-city-ca6-1958.

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