CALDWELL FINANCE CO. v. McALLISTER

No. 14453.

226 F.2d 189 (1955)

CALDWELL FINANCE CO., Appellant, v. Samuel A. McALLISTER, Trustee in Bankruptcy of the Estate of Oscar Herman Herreid, Bankrupt, Appellee.

United States Court of Appeals Ninth Circuit.

October 10, 1955.


Attorney(s) appearing for the Case

Barzee, Leedy, Keane & Erwin, Warde H. Erwin, Portland, Ore., for appellant.

F. Brock Miller, Edward A. Boyrie, Portland, Or., for appellee.

Before HEALY, ORR and POPE, Circuit Judges.


HEALY, Circuit Judge.

This is an appeal from an order of the district court affirming an order of a referee in bankruptcy holding that an alleged conditional sale contract claimed by appellant Caldwell Finance Company was in the nature of an unrecorded chattel mortgage, hence was void as against the bankruptcy trustee.

Briefly, summarized, the facts are these: At the time of his adjudication in bankruptcy on October 27 of 1953 the bankrupt (a dealer in cars...

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