IN RE JOSEPH


43 F.2d 252 (1930)

In re JOSEPH.

District Court, M. D. North Carolina.

August 11, 1930.


Attorney(s) appearing for the Case

Gavin & Teague and E. L. Gavin, all of Sanford, N. C., and MacNair, Moses & Bass, and T. O. Moses, all of Tarboro, N. C., for various unsecured creditors.

Q. K. Nimocks, of Fayetteville, N. C., for secured creditor.

Hoyle & Hoyle and K. R. Hoyle, all of Sanford, N. C., for bankrupt.


HAYES, District Judge.

Stein Bros. filed a claim against the bankrupt estate for the sum of $3,000 secured by a chattel mortgage executed by the bankrupt on February 15, 1929, and recorded February 18, 1929, on a stock of merchandise. Five pre-existing creditors objected to the allowance of this claim and moved that it be disallowed. A hearing was granted by the referee and upon the evidence taken he made his findings of fact and concluded as a matter of law that...

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