CONSTANCE v. HARVEY

No. 247, Docket 23036.

215 F.2d 571 (1954)

CONSTANCE v. HARVEY.

United States Court of Appeals, Second Circuit.

Decided July 7, 1954.

Rehearing Denied August 3, 1954.


Attorney(s) appearing for the Case

Milton E. Ehrenreich, New York City, for petitioner-creditor-appellant.

Harvey M. Lifset, Albany, N. Y., for trustee-appellee.

Before CHASE, Chief Judge, and HINCKS and HARLAN, Circuit Judges.


HARLAN, Circuit Judge.

The question before us is whether a chattel mortgage given by Francis T. Reilly, the bankrupt, to Thomas Constance, the appellant, is valid as against Reilly's Trustee in Bankruptcy, the appellee.

On November 23, 1949, Constance sold to Reilly, residing at Watervliet, Albany County, N. Y., a roadside diner located in the City of Albany, N. Y. The purchase price was $35,000, payable $15,000 in cash and $20,000 by a purchase money mortgage...

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