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HAMS v. MARSHALL

No. 388.

43 F.2d 703 (1930)

HAMS v. MARSHALL et al.

Circuit Court of Appeals, Second Circuit.

July 14, 1930.

Attorney(s) appearing for the Case

Winifred Sullivan, of New York City, for plaintiff.

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

Walter H. Merritt, of New York City, for appellee Mrs. Marshall.

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

SWAN, Circuit Judge.

The facts are not disputed. On January 20, 1926, Matthew M. Marshall and John J. Hams executed in New York City their promissory note to Frank M. Dunbaugh for borrowed money. Under an agreement of even date they deposited with Dunbaugh as security for their note certificates for certain shares of stock and title deeds running to Marshall, as grantee, of land located in Texas and in Florida. Subsequently, an extension

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