Finance & Guaranty Co. v. Oppenhimer
276 U.S. 10 (1928)

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U.S. Supreme Court

Finance & Guaranty Co. v. Oppenhimer, 276 U.S. 10 (1928)

Finance & Guaranty Co. v. Oppenhimer

No 170

Argued January 13, 1928

Decided February 23, 1928

276 U.S. 10

Syllabus

1. Section 5224 of the Code of Virginia, providing that all property used in his business by a person trading in his own name shall, as to his creditors, be liable for his debts, means lien creditors. P. 276 U. S. 11.

2. Where property sold on condition reserving title in the vendor is retaken by him in accordance with the state law within four months preceding the filing of a petition in bankruptcy against the vendee, the vendee's trustee in bankruptcy acquires no lien upon it, and the retaking cannot be set aside as an unlawful preference under the Bankruptcy Act. P. 276 U. S. 12.

Page 276 U. S. 11

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