First Nat. Bank of Huntsville v. Ford’s Empirical Analysis
92 F.2d 810 · 1937
Citation profile
3
cited by 3 later decisions
April 1969
most recently cited
2 federal appellate · 1 district ·
Relationships
Relies on Cohen v. Chambers · Fourth Nat. Bank v. Willingham · Cooper Grocery Co. v. Penland
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * It is well settled that, where a mortgage is withheld from record under an agreement between the mortgagee and the bankrupt, in order that the bankrupt may obtain credit which otherwise would not be available, the mortgage is rendered fraudulent and void, not only as to subsequent creditors, but as to all those interested in the bankrupt’s estate. In re Duggan (C.C.A.) 183 F. 405 ; Fourth National Bank of Macon v. Willingham (C.C.A.) 213 F. 219 ; Cooper Grocery Co. v. Penland (C.C.A.) 247 F. 480 . “Appellant cannot be heard to say that, since the agreement to withhold was not brought to the attention of the directors it was not its agreement. The mortgage was obtained by its president on the agreement, without which it would not have been given. Appellant is estopped to repudiate the agreement not to record and at the same time to claim the benefit of the mortgage obtained pursuant to that agreement. Actions speak louder than words, and, in ascertaining what the parties intended, it is permissible to look to what the parties did, as well as what they said. The giving of this mortgage, followed by withholding it from record, naturally and probably operated to hinder, delay, and defraud the bankrupt’s creditors’. Subsequent facts have proven that it actually had that effect. Parties are presumed to intend the natural and probable consequences of their own acts. The District Court found that the mortgage was given and withheld from record for the purpose of hindering, de”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.