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HUNTER v. SCRUGGS DRUG STORE

No. 4607.

113 F.2d 971 (1940)

HUNTER et al. v. SCRUGGS DRUG STORE, Inc. In re WHITLEY.

Circuit Court of Appeals, Fourth Circuit.

August 14, 1940.

Attorney(s) appearing for the Case

O. B. Crowell, of Hendersonville, N. C., for appellant Liquid Carbonic Corporation.

J. Y. Jordan, Jr., of Asheville, N. C., for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

This litigation began with the filing of a claim against the estate of J. B. Whitley, in bankruptcy, by Scruggs Drug Store, Inc., on an indebtedness of $8,925, with interest from January 20, 1936, based upon a chattel mortgage of that date. The mortgage was originally given by C. E. Cline and Frank Waldrop to secure a debt of $12,000 represented by 160 promissory notes of $75 each payable monthly. It covered the stock of merchandise, furniture...

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