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IN RE PACKARD PRESS

No. 16.

3 F.2d 232 (1924)

In re PACKARD PRESS, Inc. Appeal of CONNER, FENDLER & CO.

Circuit Court of Appeals, Second Circuit.

November 3, 1924.

Attorney(s) appearing for the Case

Samuel Wasserman, of New York City (Meyer H. Lavenstein, of New York City, of counsel), for petitioner and appellant.

Zalkin & Cohen, of New York City (Lewis H. Saper, of New York City, of counsel), for estate in bankruptcy.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

It must be remembered, in dealing with matters of lien, or rights arising from liens, that the bankruptcy trustee does not stand merely in the bankrupt's shoes. Since the amendment of 1910 he has by statute all the rights and powers of a judgment creditor holding an execution duly returned unsatisfied. Section 47a (Comp. St. § 9631). Even before that amendment, defective filing of a chattel mortgage was...

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