U.S. Court of Appeals for the Fifth Circuit, 1914

Commercial Nat. Bank v. Hiller

U.S. Court of Appeals for the Fifth Circuit · Decided February 23, 1914

211 F. 337; 128 C.C.A. 16; 1914 U.S. App. LEXIS 1749

Counsel

Edwin- T. Merrick, Walter S. Lewis, Philip Gensler, Jr., and Ralph J. Schwarz, all of New Orleans, La., for petitioner and appellant., Henry Mooney, John Janvier, J. Blanc Monroe, and Monte M. Lemann, all of New Orleans, La., for respondents and appellees.

Cases that cite this one

3 later published cases cite this decision.

Chandler v. Merchants & Mechanics National Bank (Ga. Ct. App. 1923)
Commercial Germania Trust & Savings Bank v. W. M. Hoyt Co. (Ill. App. Ct. 1917)
Arbuthnot v. Central Trust Co. (7th Cir. 1915)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

In these cases we find no error in the rulings and opinion of the District Court. The fact that the cotton in dispute was found in the possession of the bankrupts is controlling. On the claims made therefor the duty of the bankruptcy court was to turn it over to the rightful possessor, the Canal-Louisiana Bank & Trust Company, the only lawful pledgee of the same. If the cotton or the warehouse receipts-even had been retained by the Commercial National Bank, a different case-might have been presented. *

The petition to revise is denied. The decree appealed from is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.