MADISON PERSONAL LOAN v. PARKER

No. 109.

124 F.2d 143 (1941)

MADISON PERSONAL LOAN, Inc., v. PARKER.

Circuit Court of Appeals, Second Circuit.

December 8, 1941.


Attorney(s) appearing for the Case

David I. Silverman, of New York City (Philip Zierler, of Brooklyn, N. Y., on the brief), for petitioner-appellant.

Henry W. Parker, of New York City (William Stephen Brown, of New York City, on the brief), for trustee-respondent.

Jackson R. Collins and Linn K. Twinem, both of New York City, amicus curiæ.

Before L. HAND, CLARK, and FRANK, Circuit Judges.


CLARK, Circuit Judge.

This is an appeal by permission from an order of the District Court construing the Small Loan Act of New York, Banking Law, § 340 et seq. Appellant, Madison Personal Loan, Inc., petitioned for an order requiring the bankrupt to turn over an automobile which was covered by a chattel mortgage in favor of appellant. The bankrupt's trustee opposed the petition on the ground that the loan which the mortgage secured was void under the Small Loan...

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