HERTZMARK v. LYNCH

No. 2574.

54 F.2d 38 (1931)

HERTZMARK v. LYNCH.

Circuit Court of Appeals, First Circuit.

November 28, 1931.


Attorney(s) appearing for the Case

Benjamin F. Evarts, of Holyoke, Mass., for appellant.

Joseph B. Jacobs, of Boston, Mass. (Frank J. McKay, of Holyoke, Mass., on the brief), for appellee.

Before BINGHAM and WILSON, Circuit Judges, and MORRIS, District Judge.


WILSON, Circuit Judge.

This is an appeal from a decree of the District Court affirming the findings of a referee in bankruptcy and his order setting aside a mortgage given by a bankrupt to the appellant.

The Firestone Shoe Company was declared a bankrupt December 17th, 1924, on an involuntary petition filed December 3d. Prior to March, 1923, the appellant was apparently a prosperous shoe dealer in the city of Holyoke, Mass. On March 23d of that year, together...

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