The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-23
UNITED STATES SUPREME COURT.


IDA CENTRAL RAILROAD BOND
WASHINGTON, Dec. ~, 1879.
The following was among the business transacted
in the United States Supreme Court today
No. so. Cornela w. Stewart. &C.. ct AL appellants.
VS.. John =: Plat, assignee. Sc. ct alt-Appealed
from the Circuit Court of the United states for the
Southern District of New York.
ruptcy of Simeon Leland Go. to set aside on
account OF alleged irregularities in fling
certain chattel mortgages and renewals thereof.
covering the furniture in the Metropolitan Hotel.
e Of 10
also to set aside. as being fraudulent preferences
under the bankrupt act. certain conveyances of
1 Co.. ' situated in - New York and Vest
chester counties--two of the conveyances
members OF said firm. and the other by Ellen Leland.
wife of Warren Leland. to the said Stewart. and by
him received in payment OF the rent then due and
credlting the price OF the real estate upon
the mortgages and reducing their lien TO
the chattel mortgages invalid because, although
fled in New York city. they were not filed in the
cities or towns whore the individual members of the
firm severally resided and that the conveyances of
real estate alleged by the assignee. fraudu
lent preferences under the Bankrupt act.
So DECISION or THE COURT.
The Court holds that chattel mortgage executed
by firm upon firm property. is void under the
gagers. and against subsequent purchasers
and mortgages in good taith. unless IT
the IN ns ses Of the pm
reside The residence Of the mortgager and not the
actual ntas of the property. controls the place Of
fling Upon this branch Of the case, therefore, this
Court concurs in the opinion of tho Court below.
The final decree of the Circuit Court, however. IL
held to be in directing the residue OF the
proceeds Of the morgaged property after satisfying
the execution creditors "to be paid to the assignee
for the purpose of the trust and on charging this
residue with fees due to the counsel of the
This Court holds that although tho chattel mort
cages in question were void as against creditors be-
al IL,
were valid as between the mortgager and mort
gagees without being filed. and that part of the
proceeds of the sale OF the mortgaged property
which remained after the liens of the Judgment
creditors discharged belonged not to the
sgnee in bankruptcy for the purposes OF his trust
but to the mortgages.
cult Court adudged to be void against the assignee
in bankruptcy this Court holds that the real estate
in Westchester county belonged to Mrs. Warren
Leland personally. apd could be conveyed
by her to whomsoever she chose without
reference to the soivenoy of tho firm Of
Leland Il Co., and that the conveyance to Stewart
Of the real estate in the city of New York was in
effect mere exchange Of securities. not forbidden
by either the letter the spirit of the Bankrupt
Law. Tho decree Of the Circuit Court is therefore
reversed. with costs, and the cause remanded with
directions To ontcr decree conformity herewith.
Justice Harlan delivered the opinion of the Court.
Justice Fold delivered opinion concurring In the
judgment OF the Court. but holding that the domi.
ell Of arm, under the law requiring chattel mort
cages to be aied in the county where the mortgages
carries it's business and that therefore the chat
tel mortgages in this held the property against
the judgments Of the creditors. In this opinion
Justices Swayne and Bradley concurred.
~ BEoUxsr BIsBoPRrC
No. 80. j. j. Kain bishop, &C.. appellant e. g.
Gibborey, executrix, &c.-Appeal from the Circuit
Of the United States for the Western district
OF Virginia.
This was a suit to enforce bequest mado in the
last will and testament of Malvina Mathews. OF
Wythe county Va. to the Roman Catholic Bishop
OF Wheeling or his successor, to be by him held In
trust for whatever religious community the testatrix
might belong Ut the time OF her death. She died
member of tho Roman Catholic Sisterhood of st.
Joseph. This court holds that since the bequest in
controversy not made to the Bishop OF Wheel
ing personally but to the bishopric and since tho
community for whose benefit it was intended IL
unincorporated aud has no legal existence. the.
validity OF such bequest only be sustained the
ground that it is . gilt tor charitable uses This,
however, does not clearly appear to be the and
since 1t has been repeatedly held by the Courts OF
Virginia that chancery courts have no Jurisdiction
to uphold charities where the objects are indefinite
and uncertain the decree OF the Circuit Court dis
missing the bill Of the plaintiff below Is affirmed
with costs Justice Strong delivered the opinion.
No 1,022. The Florida Central Railroad Company,
appellant. VS.. J. Fred Schultz ct al.-Motion to
vscats supersedeas bond on account Of fraud
granted. Motion tor leave to hle new supersedeas
bond denied. Motion to dismiss denied upon certain
conditions to be ftihlled by the appellants. Deci-
sions Of the Court announced by the Chief Justice.
Adjourned until tomorrow at twelve o'clock.