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Schumacher Seiler, v. Sandler

Circuit Court of Appeals, Fourth Circuit
Mar 10, 1941
118 F.2d 348 (4th Cir. 1941)

Opinion

No. 4719.

March 10, 1941.

Appeal from the District Court of the United States for the District of Maryland, at Baltimore. In Bankruptcy; W. Calvin Chesnut, Judge.

Proceeding in the matter of Sidney Shapiro, bankrupt, wherein Schumacher Seiler, Inc., filed petition to review an order of the referee setting aside a mortgage by the bankrupt to the petitioner. From a judgment affirming the referee's order, 34 F. Supp. 737, the petitioner appeals.

Affirmed.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

C. Morris Harrison and George Ross Veazey, both of Baltimore, Md., for appellant.

George E. Robinson and Louis M. Silberstein, both of Baltimore, Md., for appellee.


This case involved the validity of a mortgage for future advances. Both the Referee in Bankruptcy and the District Court held the mortgage invalid on the ground that the mortgage clearly failed to comply with the apposite Maryland statute, Code 1924, art. 66, § 2, and the decisions of the highest court of Maryland interpreting and applying this statute.

We are, of course, bound by the decisions of that court. In the District Court, Judge Chesnut discussed at some length the scope and philosophy of this Maryland statute, and analyzed many of the leading Maryland decisions. We do not think any useful purpose would be served by an attempt to add to Judge Chesnut's opinion, In re Shapiro (Petition of Schumacher Seiler, Inc.), D.C.Md. 1940, 34 F. Supp. 737. So we adopt that opinion as the opinion of our Court.

Accordingly, the judgment of the District Court in this case is affirmed.

Affirmed.


Summaries of

Schumacher Seiler, v. Sandler

Circuit Court of Appeals, Fourth Circuit
Mar 10, 1941
118 F.2d 348 (4th Cir. 1941)
Case details for

Schumacher Seiler, v. Sandler

Case Details

Full title:SCHUMACHER SEILER, Inc., v. SANDLER

Court:Circuit Court of Appeals, Fourth Circuit

Date published: Mar 10, 1941

Citations

118 F.2d 348 (4th Cir. 1941)

Citing Cases

Hoffman v. Key Fed. Sav. Loan

]See also In re Shapiro, 34 F. Supp. 737, 738 (D. Md. 1940), aff'd sub nom. Schumacher Seiler v. Sandler,…