HARDWICK BANK & TRUST CO. v. McFARLAND

No. 5840.

43 F.2d 807 (1930)

HARDWICK BANK & TRUST CO. v. McFARLAND, Trustee in Bankruptcy.

Circuit Court of Appeals, Fifth Circuit.

October 13, 1930.


Attorney(s) appearing for the Case

Sam P. Maddox, of Dalton, Ga., and Arthur G. Powell, of Atlanta, Ga. (Sam P. Maddox, W. M. Sapp, and S. R. Maddox, all of Dalton, Ga., and John D. Little, Arthur G. Powell, Charles S. Reid, and Max F. Goldstein, all of Atlanta, Ga., on the brief), for appellant.

Oliver R. Hardin, of Dalton, Ga. (Oliver R. Hardin and J. A. McFarland, both of Dalton, Ga., on the brief), for appellee.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.


WALKER, Circuit Judge.

The appellant, herein called the bank, asserted a claim against merchandise of the bankrupt which came to the possession of the appellee, the trustee in bankruptcy. That claim was based upon a written bill of sale, dated December 30, 1927, executed by the bankrupt, and recorded prior to the filing of the bankruptcy petition. By that instrument the bankrupt transferred and assigned to the bank:

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