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IN RE QUIGLEY MOTOR SALES

No. 258.

75 F.2d 253 (1935)

In re QUIGLEY MOTOR SALES, Inc.

Circuit Court of Appeals, Second Circuit.

February 18, 1935.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon, of Syracuse, N. Y., for claimant.

George A. Langan, of Syracuse, N. Y., for trustee in bankruptcy.

Stanley A. Williams, of Syracuse, N. Y., for cross-appellant Austin.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The bankrupt obtained money from Metropolitan Commercial Corporation, hereafter for convenience referred to as the finance company, to conduct a retail motorcar sales business. The financing was of two sorts. The first involved loans upon chattel mortgages; the bankrupt would buy automobiles from the manufacturer, take the receipted invoices to the finance company, and obtain a loan secured by mortgage upon the automobiles it had already bought...

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