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AMERICAN NAT. BANK v. BARTLETT

No. 163.

40 F.2d 21 (1930)

AMERICAN NAT. BANK OF SAPULPA, OKL., v. BARTLETT.

Circuit Court of Appeals, Tenth Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

Glenn O. Young and Ernest B. Hughes, both of Sapulpa, Okl. (Edwin A. Ellinghausen, of Sapulpa, Okl., on the brief), for appellant.

Henry L. Fist, of Tulsa, Okl. (Chas. L. Yancey, of Tulsa, Okl., and Clarence L. Westcott, of New York City, on the brief), for appellee.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

This appeal presents the question of the power of a managing agent of a retail store to execute a mortgage on the furniture, fixtures, and equipment of the store, to secure a pre-existing indebtedness. The referee and trial court held he was without such power; and, while the question of authority of an agent is ordinarily one of fact (21 R. C. L. 856), and while the findings of a referee in bankruptcy, approved by the trial court, will not...

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