Chattel Mortgage

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

• In re Transystems, Inc. v. Bankruptcy
  569 F.2d 1364· 5th Cir.· 1978-03-24 ·cited 8×
  The court held that the advance was a capital contribution, not a loan, and affirmed the lower court's decision based on the 'clearly erroneous' standard of review.
• The K. King & The G. Shuler Corp. v. Petitioning Creditors
  427 F.2d 689· 9th Cir.· 1970-06-05 ·cited 8×
  The court held that a transfer of property substantially in excess of the value of the creditor's security interest constitutes a preference and an act of bankruptcy.
• The City OF Sherman & Sherman Indep. Sch. Dist. v. United States
  400 F.2d 373· 5th Cir.· 1968-08-26 ·cited 8×
  The court held that 15 U.S.C. § 646, which subordinates SBA security interests to state or local tax liens under certain conditions, supersedes the general federal priority statute (31 U.S.C. § 191) in this case. The court vacated and remanded for further determination of state l
• In re Atlas Sewing Ctrs., Inc. v. Irwin RAY in Bankr. for Atlas Sewing Ctrs., Inc.
  384 F.2d 66· 5th Cir.· 1967-06-30 ·cited 8×
• In re Process-Manz Press, Inc. v. Limperis
  369 F.2d 513· 7th Cir.· 1966-07-29 ·cited 8×
  A bankruptcy referee is ousted of summary jurisdiction when an adverse claimant's testimony and exhibits, taken as true, prima facie show a substantial claim, requiring a plenary trial.
• In re Black Ranches, Inc. v. Anna C. Brando as Administratrix of the Estate of Marlon Brando, Sr.
  362 F.2d 19· 8th Cir.· 1966-05-12 ·cited 8×
  The court held that the notes executed by Black Ranches to Marlon Brando, Jr. were valid debts, but the mortgages securing them were invalid due to a breach of fiduciary duty by the directors. The court affirmed the allowance of the notes as general unsecured claims but denied th
• Isidore Cherno-Appellant v. Dutch Am. Mercantile Corp.
  353 F.2d 147· 2d Cir.· 1965-11-09 ·cited 8×
  A subordination agreement alone does not constitute an equitable assignment of a chattel mortgage, and failure to file an assignment renders it void against creditors and subsequent bona fide purchasers.
• Romanach v. A. J. Armstrong Co., Inc.
  172 So. 2d 444· Fla.· 1965-03-03 ·cited 8×
  The court held that the lower appellate court erred in reversing the trial court's summary judgment based on a premature determination of election of remedies, and that the trial court properly applied the doctrine.
• Tyrrell v. Dobbs Inv. Co. (formerly known as Dobbs GM Diesel
  337 F.2d 761· 10th Cir.· 1964-10-23 ·cited 8×
  The court held that the Trustee presented sufficient evidence to raise a genuine issue of material fact regarding whether the security instrument was perfected within the 21-day period required by the Bankruptcy Act, thus reversing the trial court's determination.
• Aeroglide Corp. v. ZEH
  301 F.2d 420· 2d Cir.· 1962-04-10 ·cited 8×
  Directors who personally participated in authorizing a chattel mortgage on property to which the corporation had not acquired full title, thereby converting the seller's retained title, are personally liable for the conversion.
• The Exch. Nat'l Bank OF Colo. Springs v. Hough
  258 F.2d 785· 10th Cir.· 1958-08-11 ·cited 8×
  A chattel mortgage on inventory is not invalidated when a portion of the sale proceeds are used in good faith for expenses necessary for the preservation and disposition of the mortgaged property, even if not all proceeds are applied to the mortgage debt.
• Harold Thomas Hermansen alias Ford Hermansen v. United States
  228 F.2d 495· 5th Cir.· 1956-01-06 ·cited 8×
  The court held that the mailing of false certificates to obtain license plates was in furtherance of a scheme to defraud, even if the sales and receipt of money occurred prior to the mailing. The jury's verdict was supported by substantial evidence.
• Nelson v. United States
  227 F.2d 21· D.C. Cir.· 1955-07-28 ·cited 8×
  The dissenting judge argues that the evidence did not support a conviction for false pretense because the defendant provided ample security for the purchase, negating intent to defraud and actual fraud.
• Margiotta v. Dist. Dir. of Internal Revenue
  214 F.2d 518· 2d Cir.· 1954-07-02 ·cited 8×
• House OF Lyons, Inc. v. Marcus
  72 So. 2d 34· Fla.· 1954-04-13 ·cited 8×
  This case concerns whether a chattel mortgage executed by corporate officers and acknowledged before a notary was properly recorded and therefore takes priority over a subsequently filed tax lien. The Florida Supreme Court held that the mortgage's acknowledgment was sufficient de
• Dabney v. Chase Nat. Bank of City of N.Y.
  201 F.2d 635· 2d Cir.· 1953-01-08 ·cited 8×
  The dissenting judge believes the principle of Moore v. Bay is controlling and requires refund of the payment made in breach of fiduciary obligation, with interest.
• In re Rainbo Express v. Nat'l Acceptance Co. of Chicago
  179 F.2d 1· 7th Cir.· 1950-01-05 ·cited 8×
  A Certificate of Public Convenience and Necessity, issued by the Interstate Commerce Commission, possesses a proprietary interest that can be the subject of a valid chattel mortgage, even prior to Commission approval of a transfer.
• In re LE Maire Cosm. Co. v. Kennedy
  174 F.2d 749· 7th Cir.· 1949-05-16 ·cited 8×
  The court held that the chattel mortgage and payments made by an individual were not voidable preferences of the debtor corporation because the corporation did not own the property or make the payments, and the transfer was void under the Bulk Sales Act.
• In re Urban. Charnesky v. Urban
  136 F.2d 296· 7th Cir.· 1943-06-10 ·cited 8×
  The court held that the bankruptcy trustee, as a hypothetical lien creditor, takes the property free of an unrecorded chattel mortgage, even if valid between the parties.
• Fogle v. Gen. Credit, Inc.
  122 F.2d 45· D.C. Cir.· 1941-06-30 ·cited 8×
  A recorded chattel mortgage on a vehicle left with a dealer for sale is invalid against a purchaser without actual notice if the mortgagee's conduct, by entrusting possession for sale, nullifies the constructive notice provided by recording.
• Sundquist v. Camden Fire Ins. Ass'n
  119 F.2d 955· 7th Cir.· 1941-03-17 ·cited 8×
  The court held that the insurer waived its defense based on the chattel mortgage because its agent had knowledge of the mortgage and communicated it to the company, and that the issue of wilful over-valuation in the proof of loss was a question for the jury.
• Vanderpool Props., Inc. v. Hess & Slager
  100 Fla. 933· Fla.· 1930-10-18 ·cited 8×
  This case concerns whether a lease provision creating a lien on a tenant's merchandise and fixtures for unpaid rent constitutes a mortgage lien, and if so, whether the landlord is entitled to an injunction to prevent the tenant from selling the stock at auction. The court held th
• Shomaker v. Waters
  56 Fla. 559· Fla.· 1908-06-01 ·cited 8×
  The Florida Supreme Court reversed a trial court's rejection of a crop mortgage lien on cotton, holding that crop mortgages are chattel mortgages that need not meet the strict description requirements of real property interests and that parol evidence may supplement the mortgage
• Duncan v. Furrow Auction Co.
  564 F.2d 1107· 4th Cir.· 1977-10-20 ·cited 7×
  The court held that 15 U.S.C. § 634(b)(1) prohibits injunctions against the SBA and its agents, thus affirming the lower court's decision to dissolve the TRO and dismiss the complaint.
• Bankers Life & Cas. Co. v. Pinkerton-Hays Lumber Co., Inc.
  186 So. 2d 551· Fla. 3d DCA· 1966-05-17 ·cited 7×
  Bankers Life and Casualty Company appealed a foreclosure decree on a chattel mortgage, arguing it held title to the equipment via a prior bill of sale and that the property constituted fixtures rather than chattels. The court affirmed the foreclosure, finding the equipment was pe
• Hugo v. Loewi
  186 F.2d 849· 9th Cir.· 1951-01-31 ·cited 7×
  The court held that the seller was entitled to recover the difference between the contract price and the resale price of the hops because there was no available market for the goods, and the contract's damages clause did not preclude this measure of recovery under the circumstanc
• Hughes v. Summit Realty Co., Inc.
  120 Fla. 136· Fla.· 1935-06-19 ·cited 7×
  Hughes sought to foreclose a purchase money mortgage on real estate containing an orange grove, but Adams Packing Company held crop liens on the citrus fruits. The Florida Supreme Court held that after the 1925 enactment of Chapter 10279, crop liens validly executed under that st
• Berlein v. Eddy
  89 Fla. 484· Fla.· 1925-06-05 ·cited 7×
  This case addresses whether a purchaser of mortgaged personal property can be held liable to the mortgagee for the debt simply by purchasing the property, even if the property is not converted or its lien impaired. The court held that such a purchase alone does not make the buyer
• Parrish v. Haas
  69 Fla. 283· Fla.· 1915-03-02 ·cited 7×
  This case addresses the procedural requirements for enforcing a chattel mortgage against a minor defendant. The appellate court reversed the lower court's decision, emphasizing the trial court's duty to protect the interests of minors in litigation, even if their minority status
• Mathias v. Walling Enters., Inc.
  609 So. 2d 1323· Fla. 5th DCA· 1992-09-11 ·cited 6×
  The court addressed the priority of a landlord's statutory lien for rent against a bank's perfected security interest in a liquor license and other collateral. The court held that while a landlord's lien can attach to a liquor license without filing, a prior perfected security in
• Fed. Deposit Ins. Corp. v. Rivera-Arroyo
  907 F.2d 1233· 1st Cir.· 1990-06-29 ·cited 6×
  Summary judgment was properly granted because the promissory note signed by Rivera was personally binding, and the agreements offered by appellants were invalid against the FDIC under 12 U.S.C. § 1823(e).
• Chrysler Credit Corp. v. Perry Chrysler Plymouth, Inc.
  783 F.2d 480· 5th Cir.· 1986-02-18 ·cited 6×
  The court held that Julian Perry is personally liable for funds he tortiously converted to his own use, and this debt is not dischargeable in bankruptcy as it constitutes willful and malicious injury. However, his liability as a corporate officer for the corporation's conversion
• United Cos. Life Ins. Co. & Lillie Marie Goode v. State Farm & Fire Cas. Co.
  477 So. 2d 645· Fla. 1st DCA· 1985-10-18 ·cited 6×
  United Companies Life Insurance Company and Goode appealed the dismissal of their complaint against State Farm for refusing to pay personal property insurance proceeds. The court held that while United Companies could not recover as an unnamed chattel mortgagee, it could pursue r
• Fed. Land Bank OF ST. Louis v. Wilson
  719 F.2d 1367· 8th Cir.· 1983-10-31 ·cited 6×
  The court held that the FmHA could reallocate proceeds from a chattel sale due to a mistake, absent prejudice to third parties or prior debtor direction. It also held that the Farm Credit Act preempts state usury laws for Federal Land Banks and that divorce property division is s
• Souife v. First Nat'l Bank OF Commerce
  628 F.2d 480· 5th Cir.· 1980-10-22 ·cited 6×
  The court held that a creditor's right to insurance proceeds and returned premiums constitutes a 'security interest' that must be disclosed under the Truth-In-Lending Act and Regulation Z, and that the disclosure statement in this case was inadequate. The court also held that tax
• EL Mundo Supermarket, Inc. v. Michelsa Supermarket, Inc.
  388 So. 2d 324· Fla. 3d DCA· 1980-09-23 ·cited 6×
  El Mundo Supermarket filed duplicate foreclosure complaints without notifying the clerk of the prior action, violating local court rules. The trial court dismissed the second action with prejudice for this procedural violation, but the appellate court reversed, holding that dismi
• George Feldman in Bankr. of Leasing Consultants Inc. v. Chase Manhattan Bank, N.A.
  511 F.2d 468· 2d Cir.· 1975-01-28 ·cited 6×
  The court held that the trustee was barred by equitable estoppel from challenging the validity of Chase's lease assignment due to the trustee's prolonged inaction and acquiescence.
• Bordo Prods. Co. v. The United States
  476 F.2d 1312· Ct. Cl.· 1973-04-13 ·cited 6×
  The court held that advances made by Bordo Products Company (Bordo) to C. M. Pitt & Sons Company (Pitt) constituted debt for tax purposes, allowing Bordo to claim a bad debt deduction for the unrecovered loans. The court also affirmed Bordo's entitlement to deductions for related
• Brodie Hotel Supply, Inc. v. United States
  431 F.2d 1316· 9th Cir.· 1970-09-23 ·cited 6×
  The court held that under Alaska's Uniform Commercial Code, a purchase-money security interest is perfected within the ten-day grace period if filed within ten days of the debtor becoming obligated, not merely upon taking possession.
• Swift & Co. v. Jamestown Nat'l Bank
  426 F.2d 1099· 8th Cir.· 1970-05-21 ·cited 6×
  The court held that the Bank's security interest was not perfected against Swift, a buyer in the ordinary course of business, because the Bank failed to file in the proper place and authorized the sale of the collateral. The Bank wrongfully converted Swift's cattle.
• Pinellas Cent. Bank & Tr. Co. v. Int'l Aerodyne, Inc.
  233 So. 2d 872· Fla. 3d DCA· 1970-04-07 ·cited 6×
  Pinellas Central Bank sold a DC-7 aircraft to International Aerodyne on September 1, 1965, with Aerodyne executing a promissory note for $95,040. Aerodyne later sought to rescind the sale claiming failure of consideration due to missing equipment, unavailable records, and a baile
• Savage v. Bankruptcy
  372 F.2d 199· 10th Cir.· 1967-01-25 ·cited 6×
  A landlord's contractual lien, created by a lease and recorded only in real estate records, is ineffective against a subsequent chattel mortgagee and the trustee in bankruptcy if not filed according to chattel mortgage statutes.
• Stroud v. B-W Acceptance Corp.
  372 F.2d 185· 10th Cir.· 1967-01-25 ·cited 6×
  The court held that the appellants were liable under their personal guarantees for the balance due on promissory notes, and that the trial court did not err in awarding attorney's fees or admitting rebuttal testimony.
• Herlong-Sierra Homes, Inc. v. United States
  358 F.2d 300· 9th Cir.· 1966-03-24 ·cited 6×
  The court affirmed the lower court's judgment, finding no error in its determination regarding the foreclosure and deficiency judgment.
• Edmonds v. United States (Small Bus. Admin.
  354 F.2d 546· 8th Cir.· 1965-12-30 ·cited 6×
  The court held that the Trustee's offer of proof was irrelevant to the SBA's reclamation petition and that the Trustee's arguments regarding the bankrupt corporation's legal existence were without merit under Minnesota law.
• Paul S. Hubbard for Lundy's, Inc. v. Jebb
  163 So. 2d 307· Fla. 2d DCA· 1964-04-15 ·cited 6×
  A receiver for Lundy's, Inc. appeals a summary judgment foreclosing a chattel mortgage on beverage licenses. The court upheld the foreclosure, holding that the mortgage's description of licenses held in the name of James J. Petrakis was sufficiently clear to provide constructive
• Jackson v. Inland OIL & Transp. Co.
  318 F.2d 802· 5th Cir.· 1963-04-19 ·cited 6×
• J. H. W. Small in Bankruptcy v. Williams
  313 F.2d 39· 4th Cir.· 1963-01-09 ·cited 6×
  The court held that a dominant stockholder's loan, secured by a chattel mortgage, was a valid secured claim, but a payment on the unsecured portion of that claim shortly before bankruptcy constituted an unlawful preference.
• Cooper Tire & Rubber Co. Emps'. Ret. Fund v. Commissioner OF Internal Revenue
  306 F.2d 20· 6th Cir.· 1962-08-07 ·cited 6×
  Rental income received by an exempt employees' retirement trust from leasing machinery it purchased and financed is taxable as income from an unrelated trade or business.
• Bemort, Inc. v. Deerfield Beach Bank
  134 So. 2d 28· Fla. 2d DCA· 1961-10-20 ·cited 6×
  Bemort, Inc. appeals the trial court's grant of summary judgment in favor of Deerfield Beach Bank on a deficiency judgment claim following a private sale of chattels. The court held that the bank's attempt to exercise a private power of sale under a separate note was an improper