Underhill v. Allis-Chalmers Mfg. Co.

2 Citing cases

  1. Farmers' State Bank v. Benston

    29 F.2d 902 (8th Cir. 1928)   Cited 1 times

    The rent was paid by the trustee who had taken over the crop, but he retained the portion in dispute, and the award of it to him is the subject of this appeal. The District Judge, in his opinion on review, cited the ruling in the case of Underhill v. Allis-Chalmers Co. (C.C.A.) 15 F.2d 181, and with reference to the contract said in part: "It is not a lien, however, as it was not recorded until after bankruptcy. It was therefore nothing more than an assignment of one-third interest in the crop, to secure an antecedent debt, made within four months of bankruptcy * * *. Even if the lease had been executed more than four months before bankruptcy, it could not operate as a lien upon the crops to secure an antecedent debt, unless, as stated, it complied with the chattel mortgage act of Colorado. See Burroughs Adding Machine Co. v. Bogdon [C.C.A.] 9 F.2d 54. It follows that in accordance with the Underhill Case supra the bank was entitled to one-third of the crop as rent. The balance is an asset of the estate.

  2. Citizens' Ins. Co. v. Bailey

    28 F.2d 272 (8th Cir. 1928)   Cited 1 times

    Whether the croppers were to have a present vested interest in the growing crop of cotton and were tenants in common as to such crop with the plaintiff, depends upon the intention of the parties to the cropping contract. Underhill v. Allis-Chalmers Mfg. Co. (C.C.A. 8) 15 F.2d 181, 183, 184. However, in view of our conclusion as to the legal effect of the contract with Anthony, we find it unnecessary to determine the interest, if any, of such croppers in the growing crop of cotton.