U.S. Court of Appeals for the Sixth Circuit, 1958

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

U.S. Court of Appeals for the Sixth Circuit · Decided December 19, 1958 · Allen, Miller, Freeman

261 F.2d 596; 1958 U.S. App. LEXIS 4852 (Federal Reporter, Second Series)

Counsel

Oscar E. Waer, Harrington, Waer, Cary & Martin, Grand Rapids, Mich., for appellant., Stephen W. Karr, Luyendyk, Hainer, Hillman, Karr & Dutcher, Grand Rapids, Mich., for appellee.

Cases that cite this one

2 later published cases cite this decision.

In the Matter of Eugene (Dean) W. Plonta, Individually and as Co-Partner, Bankrupt. Sears, Roebuck and Co. v. Wadsworth Bissell, Trustee (6th Cir. 1962)
Frank Barger, Jr. v. Mrs. Nell B. Cash (6th Cir. 1958)

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

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.

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