A Treatise on Secret Liens and Reputed Ownership

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Baker, Voorhis, 1910 - Electronic books - 195 pages
 

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Contents

CHAPTER VI
39
The innocent representation Such as a general assignment
40
Illustration of the distinction
41
Good faith the test
42
The test discussed
43
Illustration Am Sugar Ref Co v Fancher
44
Illustration Sawyer v Turpin Robinson V
45
Actual intent not necessary
46
The ultimate question
47
CHAPTER VII
48
Presumptive reliance
49
The rule of presumption
50
Its basis
51
Any other rule would be impracticable
52
CHAPTER VIII
54
Mississippi Hilliard v Cagle
55
Pennsylvania Waters Appeal
56
Massachusetts Macomber v Parker
57
The converse proposition
58
Cases to the contrary
59
CHAPTER IX
60
The rule of In re Garcewich
61
Ryttenberg v Schefer
62
Other cases in the Second Circuit
63
The pledge cases
64
The pledge cases continued
65
Later cases Fourth Circuit
66
Later cases Eighth Circuit
67
CHAPTER X
68
Methods of public notice 101 Signs at the bankrupts place of business
69
The nature of the business
71
Its relation to true business
73
Illustrative cases
74
Illustrative cases continued
75
The system lawful if properly safeguarded
76
Fraud in fact there involved
78
Fourth St Bank v Milbourn Mills
79
Sholes v Asphalt Co
80
Confusion of goods
81
Loans on bankable documents of title
82
Customs of trade entitled to weight
83
Same subject continued
84
Same subject continued C
85
CHAPTER XI
86
The difficulties of the English Statute 87 1
87
The general rule
88
The reason
89
Registration does not change the result
90
Sexton v Kessler and Girard Trust Co v Mellor
91
CHAPTER XII
93
Liberal rule of construction
94
Test of good faith easily applicable
95
Completeness of the statutes application
96
Examples
97
The later cases
108
Their basis the doctrine of reputed ownership
109
This basis not one of strict reason
111
The English rule to the contrary
112
Enforcement of floating charge in England
113
The basis of the New York rule is well settled in American jurisdictions
114
A loose mortgage the same as an unrecorded mort gage
116
The Federal rule as to the earnings of the mort gaged property
118
Its reason
119
CHAPTER XIV
120
The doctrine does not touch innocent transactions
121
The unlawful use of the bailment idea is con demned
122
Ordinary conception of a consignment
123
In re Garcewich
124
Incorrectness of language used
125
The same Ludvigh v American Woolen Com pany
128
The final line of thought
129
The reservation of title a real thing
130
The distinction between sale and bailment One test
131
The same Other tests
132
Test as against creditors
133
Description by the parties not conclusive
135
The same Bush v Storage Co
136
The same Cases in th Fourth Circuit
137
The same The Eighth Circuit
139
Criticism
140
In re Galt and other cases
142
Ludvigh v Woolen Co
143
The result
144
A case decided on categories Bryant v Dry Goods Company
145
Its narrowness
148
CHAPTER XV
149
A categorical description
150
A later restriction
151
The transaction as a conditional sale
152
A distinction without a difference
153
But in other jurisdictions
154
Moors v Drury
156
A curious extension of leniency
157
The Pennsylvania rule
158
CHAPTER XVI
159
Two exceptions
160
The same and the Statute of Fraudulent Con veyances
161
The legal entity cannot be created as a shield
162
The same In re Watertown Paper Co
163
The result of these authorities
164
In re Rieger
165
Ludvigh v Am Woolen Co
166
The trust fund theory Does not apply save where creditors are concerned
171
Its rationale
172
It rests on the presumption of reliance
173
Hence applies only in case of insolvency
175
Field warehousing
188

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Page 179 - All goods being, at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in h'ia trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Page 106 - ... or not, it attaches in equity as a lien or charge upon the particular property, as soon as the assignor or contractor acquires a title thereto...
Page 182 - ... the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt, to all * * * (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him.
Page 182 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in so far as it is to property which is exempt...
Page 179 - ... have been and are devised and contrived of malice, fraud, covin, collusion, or guile, to the end, purpose, and intent to delay, hinder or defraud creditors and others of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries, and reliefs...
Page 181 - ... made with the intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts or demands...
Page 182 - that a sale of any portion of a stock of merchandise otherwise than in the ordinary course of trade...
Page 182 - Provided, That when any bankrupt shall have any insurance policy which has a cash surrender value payable to himself, his estate, or personal representatives, he may, within thirty days after the cash surrender value has been ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own, and carry such policy free from the claims of the creditors participating in the distribution of his estate under...
Page 126 - But if the consignee is at liberty to sell at any price he likes, and receive payment at any time he likes, but is to be bound if he sells the goods to pay the consignor for them at a fixed price and...
Page 16 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...

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