HOVER v. GENESEE VALLEY TRUST CO.

No. 77.

123 F.2d 813 (1941)

HOVER v. GENESEE VALLEY TRUST CO.

Circuit Court of Appeals, Second Circuit.

November 24, 1941.


Attorney(s) appearing for the Case

Ernest Whitbeck and Whitbeck & Holloran, all of Rochester, N. Y., for appellant.

John J. McInerney, of Rochester, N. Y., for appellee.

Before L. HAND, AUGUSTUS N. HAND and CLARK, Circuit Judges.


PER CURIAM.

The chief question on this appeal is whether the contract under which the trustee sold the wines imposed the risk of a net loss upon the bankrupt estate or upon the bank, as pledgee. If the bank had itself sold the wines, as presumably the agreement gave it power to do, it could not have charged the estate with such a loss; its expenses would have been on its own account, and the estate would suffer only to the extent of wiping out all credit upon the...

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