IN RE MERZ

No. 103.

37 F.2d 1 (1930)

In re MERZ. DEGENER et al. v. BOYD.

Circuit Court of Appeals, Second Circuit.

January 13, 1930.


Attorney(s) appearing for the Case

Spencer, Ordway & Wierum, of New York City (Otto C. Wierum, of New York City, of counsel), for appellants.

David W. Kahn, of New York City, for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

Auffmordt & Co. contend (a) that they were at all times in possession of the merchandise upon which Merz had agreed to give a lien; (b) that, even if the possession was in Merz, such possession was in the latter as agent for Auffmordt; (c) that the trustee in bankruptcy is not entitled to challenge the validity of the lien; (d) that Auffmordt in any event had obtained an equitable lien.

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