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MORRIS PLAN BANK OF VIRGINIA v. COOK

No. 3219.

55 F.2d 176 (1932)

MORRIS PLAN BANK OF VIRGINIA v. COOK. In re EGGLESTON.

Circuit Court of Appeals, Fourth Circuit.

January 12, 1932.

Attorney(s) appearing for the Case

Q. K. Nimocks, of Fayetteville, N. C. (Nimocks & Nimocks and Q. K. Nimocks, Jr., all of Fayetteville, N. C., on the brief), for appellant.

A. E. Cook, of Fayetteville, N. C. (Cook & Cook, of Fayetteville, N. C., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

J. H. Eggleston, who had been engaged in the jewelry business at Fayetteville, N. C., filed a voluntary petition in bankruptcy on January 19, 1931. The Morris Plan Bank of Virginia, appellant in this court, filed proof of secured debt against the bankrupt estate in the sum of $4,500, representing the balance on a loan of $6,000 made by the bank on September 13, 1930. The transaction was evidenced by a promissory note of the bankrupt, and a deed...

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