WARNER v. CITIZENS' BANK

No. 5308.

25 F.2d 21 (1928)

WARNER v. CITIZENS' BANK OF ANACORTES.

Circuit Court of Appeals, Ninth Circuit.

March 26, 1928.


Attorney(s) appearing for the Case

Nelson R. Anderson, of Seattle, Wash., for appellant.

H. C. Barney, of Anacortes, Wash., and R. W. Greene, of Bellingham, Wash., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


DIETRICH, Circuit Judge.

The appellant as trustee of the estate of A. B. Campbell, bankrupt, brought this suit for the cancellation of a chattel mortgage delivered to the appellee bank September 3, 1925, upon the theory that, having been given to secure a pre-existing indebtedness, it ceased to be effective after the filing of the petition in bankruptcy, which was within four months after the execution of the mortgage.

We are of the opinion that the complaint...

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