WELLS v. RUTKOWSKI

No. 6356.

69 F.2d 143 (1934)

WELLS v. RUTKOWSKI. In re CLEVELAND STRUCTURAL STEEL CO.

Circuit Court of Appeals, Sixth Circuit.

February 16, 1934.


Attorney(s) appearing for the Case

Thompson, Hine & Flory, of Cleveland, Ohio, for appellant.

Krueger & Davis, of Cleveland, Ohio, for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.


SIMONS, Circuit Judge.

The only question to be decided upon this appeal is whether a chattel mortgage upon assets of the bankrupt corporation, asserted as security for a claim pressed by the appellee against the trustee in bankruptcy, and duly recorded more than four months prior to the filing of the petition, created a valid lien against the bankrupt's estate in view of the requirement of section 8564, Ohio General Code.

Under the law of Ohio, a mortgage...

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