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EPSTEIN v. TRADE BANK & TRUST CO.

No. 304.

149 F.2d 261 (1945)

EPSTEIN v. TRADE BANK & TRUST CO.

Circuit Court of Appeals, Second Circuit.

May 1, 1945.

Attorney(s) appearing for the Case

Gettinger & Gettinger, of New York City (Edward Gettinger and Samuel W. Sherman, both of New York City, of counsel), for appellant, Trade Bank & Trust Co.

Samuel Luloff, of New York City, for appellee, Robert H. Epstein, of New York City, as trustee in bankruptcy of Harry Hirschhorn.

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

AUGUSTUS N. HAND, Circuit Judge.

An involuntary petition in bankruptcy was filed against Harry Hirschhorn on May 7, 1942, and an order of adjudication was thereafter entered and the petitioner, Robert H. Epstein, was appointed trustee.

On November 27, 1941, Hirschhorn borrowed $1500 from the Trade Bank and Trust Company and simultaneously executed and delivered to the latter a collateral note and a chattel mortgage to secure the repayment of the loan. This...

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