Lingham v. Ohio Cash Register Co.
Lingham v. Ohio Cash Register Co.
Opinion of the Court
The questions presented in this case arise upon the intervening petition of The City National Bank. Under this petition the Bank claims a lien upon certain chattel property. The litigated question arises between The City National Bank on the one hand and the Receiver as representing the interests of John Q. Sherman, the holder of certain Receiver’s certificates issued by the Receiver under authority of the Court.
The bank was the mortgagee under a chattel mortgage given by the Carroll Engineering Company, the original owner. The Bank took
It is argued in the briefs, on behalf of Mr. Sherman, that the issuing of the certificates to him under order of the Court made the said certificates prior to the equitable or mortgage lien of the Bank. We are of the opinion that under the record no such priority existed.
We therefore approve the conclusion of Judge Snediker in respect to the priority of the lien of the City National Bank.
Decree accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.