MARKWELL & CO. v. LYNCH

No. 9465.

114 F.2d 373 (1940)

MARKWELL & CO. v. LYNCH. In re SCHNEIDER'S ESTATE.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 20, 1940.


Attorney(s) appearing for the Case

Grainger & Hunt, of Los Angeles, Cal., for appellant.

Albert Behrstock and Jerome D. Rosenfield, both of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

One Schneider, while insolvent, pledged a portion of his stock in trade as security for a loan. He was subsequently adjudged bankrupt, and the trustee sued to recover the goods or their value on the assumption that the transfer was void under the bulk sales law (§ 3440, California Civil Code), there having been no record of notice of intention to transfer the merchandise.

A special master to whom the case was referred made findings...

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