NATIONAL OATS COMPANY v. LONG

No. 15110.

220 F.2d 745 (1955)

NATIONAL OATS COMPANY, Creditor, Appellant, v. Byron LONG, Trustee of North Mississippi Broilers, Inc., Bankrupt, Appellee.

United States Court of Appeals, Fifth Circuit.

April 6, 1955.


Attorney(s) appearing for the Case

Guy Mitchell, Jr., Tupelo, Miss., Charles C. Allen, St. Louis, Mo., for appellant.

Robert B. Smith, Fred B. Smith, Ripley, Miss., Sam Lumpkin, Tupelo, Miss., for appellee.

Before HOLMES, RIVES, and TUTTLE, Circuit Judges.


HOLMES, Circuit Judge.

The petition for rehearing states that the concurring opinion overlooked the fact that there is no evidence of any creditor having given the bankrupt credit on the assumption that the chickens were its property. On this point, we think that the trustee in bankruptcy is legally deemed to be such a creditor, "whether or not such a creditor actually exists." 11 U.S.C.A. § 110, sub. c.

A creditor may be the innocent holder of a note...

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