Supreme Court of the United States, 1931

Moore v. Bay

Supreme Court of the United States · Decided November 2, 1931 · Holmes

284 U.S. 4; 52 S. Ct. 3; 76 L. Ed. 133; 1931 U.S. LEXIS 881; 76 A.L.R. 1198 (United States Reports)

Counsel

Mr. Thomas S. Tobin, with whom Messrs. Charles F. Hutchins,, Frank C. Weller, and James P. Keleher were on the brief, for petitioner. Mr. Max Isaac also appeared for petitioner., No appearance for respondent.

Cases that cite this one

278 later published cases cite this decision. The 25 that cite it most often are listed here.

Dabney v. Chase Nat. Bank of City of New York (2d Cir. 1953)
In re of Valley City Furniture Co. (District Court, W.D. Michigan 1958)
Murray v. Stacy Trust (In re Goldberg) (United States Bankruptcy Court, M.D. Louisiana 2002)
In re Monzon (United States Bankruptcy Court, Southern District Florida 1997)
Barber v. McCord Auto Supply, Inc. (In re Pearson Industries, Inc.) (United States Bankruptcy Court, C.D. Illinois 1995)
In re Kessler (United States District Court for the Southern District of California 1950)
Coleman v. Community Trust Bank, N.A. (In re Coleman) (District Court, W.D. Virginia 2003)
Stalnaker v. DLC, Ltd. (In re DLC, Ltd.) (United States Bankruptcy Appellate Panel of The Eighth Circuit 2003)
Crescent Resources Litigation Trust ex rel. Bensimon v. Duke Energy Corp. (District Court, W.D. Texas 2013)
Decker v. Tramiel (In re JTS Corp.) (9th Cir. 2010)
Decker v. Tramiel (9th Cir. 2010)
In re McRae (United States District Court for the Northern District of Florida 2003)
In re Truscott Boat & Dock Co. (District Court, W.D. Michigan 1950)
Official Committee of Unsecured Creditors of St. Johnsbury Trucking Co. v. Bankers Trust Co. (In re St. Johnsbury Trucking Co.) (United States Bankruptcy Court, D. Vermont 1994)
In re Driscoll (United States District Court for the Southern District of California 1954)
Goldie v. Cox (8th Cir. 1942)
West Coast Life Ins. Co. v. Merced Irr. Dist. (9th Cir. 1940)
General Motors Acceptance Corporation v. Coller (6th Cir. 1939)
Guttman v. Fabian (In re Fabian) (United States Bankruptcy Court, D. Maryland 2011)
Miller v. Sulmeyer (9th Cir. 1962)
Miller v. Sulmeyer (9th Cir. 1962)
In re Cable-Link Corporation (District Court, E.D. Michigan 1955)
In re Rogal (United States District Court for the Southern District of California 1953)
Vieira v. Gaither (In re Gaither) (United States Bankruptcy Court, D. South Carolina 2018)
Lim ex rel. MP Liquidating Co. v. Miller Parking Co. (District Court, E.D. Michigan 2015)

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

Mr. Justice Holmes

delivered the opinion of the Court.

The bankrupt executed a mortgage of automobiles, furniture, show room and shop equipment that is admitted to be bad as against creditors who were such at the date *5 of the mortgage and those who became such between the date of the mortgage and that on which it was recorded, there having been a failure to observe the requirements of the Civil Code of California, § 3440. The question raised is whether the mortgage is void also as against those who gave the bankrupt credit at a later date, after the mortgage was on record. The Circuit Court of Appeals affirmed an order of the District Judge giving the mortgage priority over the last creditors. Whether the Court was right must be decided by the Bankruptcy Act since it is superior to all state laws upon the subject. Globe Bank v. Martin, 236 U. S. 288, 298.

The trustee in bankruptcy gets the title to all property which has been transferred by the bankrupt in fraud of creditors, or which prior to the petition .he could by any means have transferred, or which, might have been levied upon and sold under judicial process against him. Act of July 1, 1898, c. 541, § 70; U. S. Code, Title 11, § 110. By § 67, Code, Title 11, § 107 (a), claims which for want of record or for other reasons would not have been valid liens as against the claims of the creditors of the bankrupt shall not be liens against his estate. The rights of the trustee by subrogation are to be enforced for the benefit of the estate. The Circuit Courts of Appeals seem generally to agree, as the language of the Bankruptcy Act appears to us to imply very plainly, that what thus is recovered for the benefit of the estate is to be distributed in “ dividends of an equal percentum on all allowed claims, except such as have priority or are secured.” Bankruptcy Act, § 65, Code, Title 11, § 105. In re Kohler, 159 Fed. 871. Mullen v. Warner, 11 F. (2d) 62. Campbell v. Dalbey, 23 F. (2d) 229. Cohen v. Schultz, 43 F. (2d) 340. Globe Bank v. Martin, 236 U. S. 288, 305.

Decree reversed.

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