IN RE GELINO'S, INC.

No. 4497.

51 F.2d 875 (1931)

In re GELINO'S, Inc., LAMSON CO., Inc., v. WHITTEMORE.

Circuit Court of Appeals, Seventh Circuit.

June 30, 1931.


Attorney(s) appearing for the Case

Cutting, Moore & Sidley, Charles S. Cutting, and John Paulding Brown, all of Chicago, Ill., and E. Crosby Kindleberger, of New York City, for appellant.

Walter T. Gunn and Harold F. Lindley, both of Danville, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


EVANS, Circuit Judge.

Upon appellee's motion to dismiss, it appeared that upon the adjudication of Gelino's, Inc., in bankruptcy, appellant filed its proof of a debt growing out of a lease contract somewhat like a conditional sales agreement. This lease ran for a period of ten years, and called for quarterly payments of $63. Clause 6 provided that, in case of the user's bankruptcy, appellant should have the right to repossess the machine, and to recover a sum equal...

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