Chattel Mortgage

457 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bank OF Am. Nat'l Tr. & Sav. Ass'n & Robert G. Litolff v. Hayden
  231 F.2d 595· 9th Cir.· 1956-03-16 ·cited 23×
  The court held that the jury's general verdict could be sustained on the theory of money had and received, even if the appellants' loan theory was not fully supported, because the jury was properly instructed on this alternative theory.
• Blackshear Mfg. Co. v. Sorey
  97 Fla. 437· Fla.· 1929-04-02 ·cited 23×
  Blackshear Manufacturing Company, a foreign corporation, sued W. T. Sorey on a promissory note for tobacco crop financing. The trial court sustained a demurrer to Blackshear's replications regarding its status as a foreign corporation and directed a verdict for Sorey, but the Flo
• In re Lift & Equip. Serv., Inc. v. Lift & Equip. Serv., Inc.
  816 F.2d 1013· 5th Cir.· 1987-04-30 ·cited 22×
  The court held that a lapse in the reinscription of an assignment of accounts receivable does not affect its validity between the parties, and that the assignment language was sufficient to cover rentals.
• Avco DELTA Corp. Canada Ltd. v. United States
  459 F.2d 436· 7th Cir.· 1972-04-18 ·cited 22×
  A chattel mortgage perfected by a good-faith lender against a debtor who appeared to own the collateral is superior to a later federal tax lien against the true owner, even if the true owner was not the debtor, due to principles of estoppel under state law.
• Fincher Motors, Inc. v. Nw. Bank & Tr. Co.
  166 So. 2d 717· Fla. 3d DCA· 1964-08-04 ·cited 22×
  Fincher Motors appeals a summary judgment awarding possession of an automobile to Northwestern Bank & Trust Company in a replevin action. The central issue is whether a chattel mortgage executed in Missouri can support a replevin action in Florida courts, or whether Florida law g
• Sons v. Shouse
  24 Fla. 490· Fla.· 1888-06-01 ·cited 22×
  A. Einstein's Sons sought to enforce a chattel mortgage against personal property owned by Evans & Green. The mortgagees recorded the mortgage and later sued to foreclose after Evans & Green conveyed their assets to Robert Shouse through a deed of assignment for the benefit of cr
• DSI Corp. v. Sec'y OF Hous. & Urban Dev. (of the United States)
  594 F.2d 177· 9th Cir.· 1979-01-19 ·cited 20×
  The court held that the suit was against the United States, not the Secretary of HUD, and thus the district court lacked jurisdiction over contract claims exceeding $10,000 and tort claims not properly filed under the FTCA.
• Brunswick Corp. v. J & P, Inc.
  424 F.2d 100· 10th Cir.· 1970-03-20 ·cited 20×
  The court held that the doctrine of conversion, custodia legis does not apply to a conditional vendor who sells replevined goods before judgment, especially under the Uniform Commercial Code.
• Wildwood Crate & Ice Co. v. The Citizens Bank of Inverness
  98 Fla. 186· Fla.· 1929-07-18 ·cited 20×
  The Florida Supreme Court reversed a decree perpetually enjoining an execution sale of chattels, holding that a mortgagee with a superior lien cannot obtain equitable relief by injunction without exhausting or demonstrating the inadequacy of the statutory remedy provided under Se
• In re Constructors OF Fla., Inc. v. The Coral Gables First Nat'l Bank & John Nicholas
  349 F.2d 595· 5th Cir.· 1965-06-30 ·cited 19×
  The court held that the state court's determination of its own jurisdiction and the unenforceability of the mortgages was conclusive on the parties due to res judicata, and that the Banks were bound by the confirmed reorganization plan.
• Mitsubishi Int'l Corp. v. Clark Pipe & Supply Co., Inc.
  735 F.2d 160· 5th Cir.· 1984-06-28 ·cited 18×
  The court held that under Louisiana law, Mitsubishi possessed a valid vendor's privilege on steel pipe sold to Clark Pipe & Supply, which primed Associates's chattel mortgage, and that the district court properly applied the 'clearly erroneous' standard of review.
• In re Yale Express Sys., Inc. v. Yale Express Sys.
  370 F.2d 433· 2d Cir.· 1966-12-16 ·cited 18×
  The court held that the district court had the power to stay enforcement of a lien even if the lienor retained title to the property, departing from prior precedent.
• Yarbrough v. Villeneuve
  160 So. 2d 747· Fla. 1st DCA· 1964-02-18 ·cited 18×
  A state-issued liquor license, while a privilege, has commercial value and can be subject to a landlord's lien for rent and a chattel mortgage.
• A. J. Bumb in Bankr. of Dinsmore Equip. Co. v. United States
  276 F.2d 729· 9th Cir.· 1960-03-16 ·cited 18×
  A chattel mortgage executed by a retail merchant is void against creditors if it substantially deviates from the notice of intention to mortgage, even if the mortgagee is a federal agency like the Small Business Administration.
• JOE Heaston Tractor & Implement Co. v. Sec. Acceptance Corp.
  243 F.2d 196· 10th Cir.· 1957-04-05 ·cited 18×
  The court held that the guaranty agreement was absolute and unconditional, and the Finance Company's failure to file chattel mortgages did not release the Guarantor.
• Thomas v. Dickinson
  158 Fla. 819· Fla.· 1947-04-29 ·cited 18×
  In this foreclosure action, the Florida Supreme Court reversed the trial court's dismissal of a landlord's chattel mortgage lien claim against a merchant and his principal. The court held that the landlord's silence and acceptance of only picking charges did not constitute estopp
• Burton v. Oliver Farm Equip. Sales Co.
  121 Fla. 148· Fla.· 1935-10-04 ·cited 18×
  R. P. Burton appeals a deficiency decree in a chattel mortgage foreclosure case brought by Oliver Farm Equipment Sales Co., a Maryland corporation. The Florida Supreme Court affirms the decree, rejecting arguments that the foreign corporation lacked standing, violated trade name
• Haines City Citrus Growers Ass'n v. Petteway
  107 Fla. 344· Fla.· 1932-12-05 ·cited 18×
  The Florida Supreme Court held that a valid fruit-crop mortgage executed on growing citrus fruit constitutes a lien superior to a prior real estate mortgage that does not expressly cover the crops. The court reversed the lower court's judgment requiring the receiver to return pro
• Spellman v. Beeman
  70 Fla. 575· Fla.· 1915-12-21 ·cited 18×
  This case concerns the priority of two chattel mortgages on an automobile when the earlier mortgagee failed to properly record her mortgage. The Florida Supreme Court held that the second mortgagee's lien was superior because the first mortgagee's failure to record made her mortg
• Richardson Tractor Co. v. Square Deal Mach. & Supply Co.
  149 So. 2d 388· Fla. 2d DCA· 1963-02-06 ·cited 17×
  A conditional vendor's retained title is superior to a repairman's lien for services performed on the property at the request of the conditional vendee, absent express or implied consent from the vendor.
• Nate Leafer and Beatrice Leafer v. The State of Fla. & J. D. Williamson
  104 So. 2d 350· Fla.· 1958-06-27 ·cited 17×
  A liquor license is a privilege, not a vested property right, and a state statute regulating such licenses does not unconstitutionally impair contractual obligations.
• Wisdom v. Smith
  124 Fla. 371· Fla.· 1936-05-27 ·cited 17×
  The Florida Supreme Court affirmed a foreclosure decree on a chattel mortgage executed by Ruth M. Wisdom and her husband to secure a corporate debt, holding that a married woman may validly mortgage her separate property to secure third-party debts and that the statute of limitat
• Giles Morris v. State
  54 Fla. 80· Fla.· 1907-06-01 ·cited 17×
  Giles Morris was convicted of obtaining money by false pretenses from a bank by misrepresenting his ownership of property offered as security for a loan. The Florida Supreme Court upheld the conviction, rejecting arguments that the indictment was defective and that the jury verdi
• Application of Dr. Frank Kacher for an Order staying Writs of Replevin at Nos. 2966 & 2967 July Term v. Pittsburgh Nat'l Bank
  545 F.2d 842· 3d Cir.· 1976-11-02 ·cited 16×
  The majority held that Fuentes v. Shevin would not be applied retroactively to foreclosure proceedings commenced before its decision, barring Kacher's claim for damages.
• Avco DELTA Corp. Canada Ltd. v. United States
  540 F.2d 258· 7th Cir.· 1976-07-23 ·cited 16×
  The court held that the Parkhill companies were not denied due process by the seizure of their assets, as they made a tactical choice not to participate in the hearings, and that the assets of all three companies could be used to satisfy the tax liabilities of one under the alter
• Scott v. Allan H. Stocker in Bankruptcy for William Harvey Smith
  380 F.2d 123· 10th Cir.· 1967-06-16 ·cited 16×
  A security interest transaction entered into before the effective date of Oklahoma's Uniform Commercial Code is governed by the pre-Code law, even if the parties intended the UCC to apply.
• Sw. Engine Co. v. United States
  275 F.2d 106· 10th Cir.· 1960-01-23 ·cited 16×
  The court held that the SBA's chattel mortgage had priority over the mechanic's lien because federal law governs, and the mortgage did not contain language implying authorization for repairs.
• MAY v. Citizens Nat'l Bank OF Orlando
  100 So. 2d 651· Fla. 2d DCA· 1958-02-21 ·cited 16×
  May purchased a used motor vehicle with an original title certificate showing no encumbrance, but that certificate was a duplicate of an earlier one that had been fraudulently used by the original owner. The court affirmed the foreclosure decree, holding that under Florida law, a
• Gabel v. Drewrys Ltd.
  68 So. 2d 372· Fla.· 1953-11-20 ·cited 16×
  Gabel and Drewrys both held mortgages on the same property securing pre-existing debts from McCaffrey. Gabel's mortgage was dated first but recorded later; Drewrys' was recorded first. The court held that Drewrys was not a bona fide purchaser for value because its purported consi
• Cont'l Supply Co. v. Marshall
  152 F.2d 300· 10th Cir.· 1945-11-29 ·cited 16×
  Advances made by a senior mortgagee after actual notice of a junior mortgage are junior in lien to the intervening mortgage, unless the advances are required to protect the security.
• Seymour v. Wildgen
  137 F.2d 160· 10th Cir.· 1943-07-15 ·cited 16×
  The court held that the agreement constituted a joint adventure, not a mortgage, and therefore the failure to record it did not render it void against the bankruptcy trustee.
• Johns Supply Co. v. McNeeley
  125 Fla. 306· Fla.· 1936-09-22 ·cited 16×
  The Florida Supreme Court affirmed a foreclosure decree for a chattel mortgage, holding that a certified copy of a combined note-and-mortgage agreement was properly admitted in evidence even though the original was held by the plaintiff's former attorney, since the statutory requ
• Ga. Home Ins. Co. v. Hoskins
  71 Fla. 282· Fla.· 1916-03-01 ·cited 16×
  Georgia Home Insurance Company appeals a jury verdict for the insured, W. H. Hoskins, on a fire insurance policy claim. The supreme court reverses, holding that the insured's execution of chattel mortgages on the insured property violated an explicit policy provision voiding the
• Matter of Ollag Constr. Equip. Corp. v. Goldman
  665 F.2d 43· 2d Cir.· 1981-11-23 ·cited 15×
  The court affirmed the lower courts' findings that the Bank's security interest was a voidable preference, holding that the financial statements were admissible and the Bank had reasonable cause to believe Ollag was insolvent.
• United States v. S. Cycle Accessories, Inc.
  567 F.2d 296· 5th Cir.· 1978-02-03 ·cited 15×
  The court held that the unconditional guaranty agreement signed by the appellant waived her rights to be released or have her liability reduced by settlements with co-guarantors, and that federal law applied.
• Merker v. Lake Region Packing Ass'n
  126 Fla. 589· Fla.· 1936-03-31 ·cited 15×
  This case concerns the application of payments from citrus fruit sales. The court held that a surety who paid a note secured by a chattel mortgage on the fruit crops was not required to apply the proceeds of those sales first to the secured note before applying them to an open ac
• Mason v. City Fin. Co.
  113 Fla. 73· Fla.· 1933-12-01 ·cited 15×
  The Florida Supreme Court considered whether a chattel mortgage provision allowing a lender to repossess collateral if security is deemed insufficient or unsafe violated the state's Small Loan Law. The Court held that such a provision, when interpreted as allowing repossession fo
• Gadsden Cnty. Tobacco Co. v. Corry
  103 Fla. 217· Fla.· 1931-10-21 ·cited 15×
  In this foreclosure case, the Florida Supreme Court addressed whether a factor (sales agent) for a tobacco company exceeded his authority when he accepted promissory notes as payment for goods sold on credit without the principal's consent. The court held that the factor was char
• LaFayette Wooten v. Bellinger
  17 Fla. 289· Fla.· 1879-06-01 ·cited 15×
  A seller seeking to enforce an equitable lien for unpaid purchase money on land and crops against a subsequent mortgage creditor who financed the crop. The court held that a defendant cannot obtain affirmative relief solely through an answer and must file a cross-bill, and that a
• Fruehauf Corp. v. Royal Exch. Assurance OF Am., Inc.
  704 F.2d 1168· 9th Cir.· 1983-04-29 ·cited 14×
  The court held that Fruehauf was not a co-insured and that the alleged loss (conversion) occurred after the insurance policy was cancelled, thus Royal was not liable.
• Palmer v. Radio Corp. OF Am.
  453 F.2d 1133· 5th Cir.· 1971-12-30 ·cited 14×
  An indirect transfer of a debtor's property to a creditor, even if through an intermediary and pursuant to a prior agreement, is a preferential transfer under § 60(a) of the Bankruptcy Act if it is not perfected within four months of bankruptcy and allows the creditor to obtain a
• John P. Maguire & Co., Inc. v. Herzog
  421 F.2d 419· 5th Cir.· 1970-01-19 ·cited 14×
  A corporate officer's direction of corporate proceeds, owed to a floor plan financier, to pay other creditors to whom the officer was secondarily liable constitutes 'misappropriation' under Section 17(a)(4) of the Bankruptcy Act, preventing discharge of the debt.
• Kenneally v. First Nat'l Bank OF Anoka
  400 F.2d 838· 8th Cir.· 1968-09-24 ·cited 14×
  The court held that the April 8th security instruments (assignment of accounts receivable and factor's lien) were invalid because the president lacked authority to execute them alone, and the bank could not claim equitable estoppel. The court also found that payments received by
• The State Sec. Co. v. Aviation Enters., Inc.
  355 F.2d 225· 10th Cir.· 1966-01-07 ·cited 14×
  A mortgagee who knows the mortgagor is a dealer and consents to the sale of the chattel in the ordinary course of business cannot assert its lien against a good faith purchaser.
• Bankruptcy v. Pa. Tire Co.
  326 F.2d 526· 5th Cir.· 1964-01-10 ·cited 14×
  The court held that the agreement was a consignment for sale, not an absolute sale, because the bankrupt had no obligation to purchase unsold tires.
• Fitzgerald v. The Cent. Bank & Tr. Co.
  257 F.2d 118· 10th Cir.· 1958-07-08 ·cited 14×
  The court held that the corporate separateness of the bankrupt and the sales company should be disregarded, treating the bank's claim as a debt of both to prevent fraud and injustice.
• Brookhaven Bank & Tr. Co. v. Gwin
  253 F.2d 17· 5th Cir.· 1958-03-04 ·cited 14×
  The court held that the trustee's abandonment of the property restored the pre-bankruptcy priorities between the lienholders, and the judgment lien was superior to the chattel mortgage.
• Reconstr. Fin. Corp. v. Breeding
  211 F.2d 385· 10th Cir.· 1954-03-16 ·cited 14×
  Federal law, not state law, governs the enforcement of obligations created under federal statutes by federal entities like the RFC.
• Mut. Sav. & Loan Ass'n v. McCants. in re Broome's Men's Shop
  183 F.2d 423· 4th Cir.· 1950-07-31 ·cited 14×
  The court held that the finding of insolvency at the time of recording the mortgages was supported by evidence, but erred in denying one mortgagee the right to prove its loan as an unsecured debt.
• Addie C. Richardson v. Myers
  106 Fla. 136· Fla.· 1932-07-08 ·cited 14×
  This case concerns whether a "lien" provision in a lease agreement constitutes a chattel mortgage enforceable in equity, even when the lessee claims homestead exemption on the property. The court held that such a provision creates a valid chattel mortgage and does not preclude eq