Finance & Guaranty Co. v. Oppenhimer, 276 U.S. 10 (1928)

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Finance & Guaranty Co. v. Oppenhimer


No 170
Argued January 13, 1928
Decided February 23, 1928
276 U.S. 10

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

1. Section 5224 of the Code of Virginia, providing that all property used in his business by a person trading in his own name shall, as to his creditors, be liable for his debts, means lien creditors. P. 11.

2. Where property sold on condition reserving title in the vendor is retaken by him in accordance with the state law within four months preceding the filing of a petition in bankruptcy against the vendee, the vendee’s trustee in bankruptcy acquires no lien upon it, and the retaking cannot be set aside as an unlawful preference under the Bankruptcy Act. P. 12.