|
|
Lewis v. Manufacturers Nat’l Bank, 364 U.S. 603 (1961)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Lewis v. Manufacturers Nat’l Bank, 364 U.S. 603 (1961)
Lewis v. Manufacturers National Bank of Detroit No. 94 Argued December 15, 1960 Decided January 9, 1961 364 U.S. 603
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Petitioner’s bankrupt borrowed money from respondent on November 4, 1957, giving as security a chattel mortgage on an automobile, which was not recorded until November 8, 1957. Under the law of the State where the transaction occurred, such a mortgage was void against one who became a creditor of the mortgagor between the time of execution and the time of recordation. Over five months after recordation of the chattel mortgage, the borrower filed a voluntary petition in bankruptcy. He was adjudicated a bankrupt and petitioner was named trustee.
Held: under § 70c of the Bankruptcy Act, the chattel mortgage was not void as against the trustee, since the trustee acquired the status of a creditor as of the time when the petition in bankruptcy was filed. Pp. 603-610.
275 F.2d 454, affirmed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Lewis v. Manufacturers Nat’l Bank, 364 U.S. 603 (1961) in 364 U.S. 603 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=IPW9XFBZ35EKDLI.
MLA: U.S. Supreme Court. "Syllabus." Lewis v. Manufacturers Nat’l Bank, 364 U.S. 603 (1961), in 364 U.S. 603, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=IPW9XFBZ35EKDLI.
Harvard: U.S. Supreme Court, 'Syllabus' in Lewis v. Manufacturers Nat’l Bank, 364 U.S. 603 (1961). cited in 1961, 364 U.S. 603. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=IPW9XFBZ35EKDLI.
|