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IN RE PACKARD PRESS

No. 16.

5 F.2d 633 (1925)

In re PACKARD PRESS, Inc.

Circuit Court of Appeals, Second Circuit.

January 5, 1925.

Attorney(s) appearing for the Case

Meyer H. Lavenstein, of New York City, for petitioner.

Lewis H. Saper, of New York City, for estate in bankruptcy.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

HOUGH, Circuit Judge.

The question presented is one wholly of New York law. If we can discover the rules laid down by the highest court of the state we are bound to follow them.

Mortgages of chattels were not unknown to the common law, and the general theory that such mortgage was a conveyance with a defeasance may be found stated in Pyeatt v. Powell, 51 F. 551, 2 C. C. A. 367; Langdon v. Buell, 9 Wend. (N. Y.) 80; Ackley v. Finch, 7 Cow. (N. Y.) 290. Speaking...

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