IN RE BOSWELL

No. 8708.

96 F.2d 239 (1938)

In re BOSWELL. MOORE v. BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N.

Circuit Court of Appeals, Ninth Circuit.

As Amended June 6, 1938.


Attorney(s) appearing for the Case

Craig & Weller, by Frank C. Weller and Thomas S. Tobin, all of Los Angeles, Cal. (Thomas S. Tobin, of Los Angeles, Cal., of counsel), for appellant.

Louis Ferrari, of San Francisco, Cal., and Edmund Nelson and Hugo A. Steinmeyer, both of Los Angeles, Cal., for appellee.

Grant H. Wren, of San Francisco, Cal. (Clarence A. Shuey and Arthur L. Shannon, both of San Francisco, Cal., of counsel), for Board of Trade of San Francisco as amicus curiæ

Layton & Boyrie, of Portland, Or., for National Ass'n of Credit Men, as amicus curiæ.

Robert G. Partridge, of San Francisco, Cal., for Commercial Credit Co. as amicus curiæ.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from an order of the District Court permitting appellee Bank of America, a creditor of the bankrupt Boswell, to reclaim from the jurisdiction of the trustee certain personal property in the bankrupt's possession at the time of his adjudication.

The bank asserted title to the property under a security instrument known as a "trust receipt." It had been purchased on open account by the bankrupt. Thereafter the bank advanced...

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