TaiLexi AI U.S. Case Law

National Oats Company, Creditor v. Byron Long, Trustee of North Mississippi Broilers, Inc., Bankrupt

NATIONAL OATS COMPANY, Creditor, Appellant, v. Byron LONG, Trustee of North Mississippi Broilers, Inc., Bankrupt, Appellee

Nat'l Oats Co., Creditor v. Long, 220 F.2d 745 (5th Cir. 1955)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 6, 1955
Docket
No. 15110
Judges
Holmes, Hglmes, Rives, Tut-Tle
Citations
220 F.2d 7451955 U.S. App. LEXIS 4367

Opinion — Holmes

HOLMES, Circuit Judge.

. The petition for rehearing states that the concurring opinion overlooked .the fact that, there is no evidence of any creditor' having given the bankrupt credit on the assumption that the chickens were its property. On this point, we think that the trustee in bankruptcy is legally deemed to be such a creditor, "whether or not such a creditor actually exists,” . 11 U.S.C.A. § 110 , sub. c.

A creditor may be the innocent holder of a note and still lose his security by the superior lien of the trustee in bankruptcy. There may be a debt without a lien even' if there cannot be a lien without a debt; and the trustee in bankruptcy is not only an ideal creditor in claims against the bankrupt, but is vested with title to debts due the bankrupt and all property not exempt in which he has an interest at the date of bankruptcy or which becomes transferable to him within six months thereafter. Therefore, we think, the appellant leans too heavily upon the finding of the district court that it was a holder in due course of the notes, which finding seemed to us to be not necessary to the issues before the court.

The petition for rehearing is denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1955: 11956: 11959: 11963: 11970: 11980: 119552026peak 1955 · 1

Relies on it most ⓘ

  1. In re Lloyd, Carr and Company, Bankrupt (Two Cases). Appeal of Alan H. Abrahams. Appeal of United States of America617 F.2d 882 (1st Cir. 1980)
  2. National Oats Company, Creditor v. Byron Long, Trustee of North Mississippi Broilers, Inc., Bankrupt219 F.2d 373 (5th Cir. 1955)
  3. In re Pine Grove Canning Company226 F. Supp. 872 (W.D. La. 1963)
  4. In re Riccobono140 F. Supp. 654 (S.D. Cal. 1956)
  5. In re Scott-Frederick Motor Co.177 F. Supp. 758 (E.D. Ky. 1959)
  6. Meister v. Heft334 F. Supp. 31 (E.D.N.Y. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list