GARRETT & CO. v. MERCANTILE NAT. BANK

No. 9860.

120 F.2d 821 (1941)

GARRETT & CO., Inc., et al. v. MERCANTILE NAT. BANK OF MIAMI BEACH.

Circuit Court of Appeals, Fifth Circuit.

June 20, 1941.


Attorney(s) appearing for the Case

Emett C. Choate, of Miami, Fla., for appellants.

Louis Heiman, of Miami, Fla., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The proceeding was in bankruptcy on a petition of creditors, to set aside a chattel mortgage on cases of wine, part of bankrupt's stock, and to recover payments made on account thereof. The claim was that the mortgage was void because the mortgagor was allowed to remain in possession of the wine and to dispose of it in the usual course of business. The defense was a denial that this was so and an affirmative claim; that at the time and as...

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