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WIDETT v. D'ANDRIA

No. 5148.

241 F.2d 680 (1957)

Irving WIDETT, Trustee, Appellant, v. Clement D'ANDRIA, Petitioner, Appellee.

United States Court of Appeals First Circuit.

March 4, 1957.

Attorney(s) appearing for the Case

Joseph Kruger, Boston, Mass., with whom Widett & Kruger, Boston, Mass., on brief, for appellant.

George J. Shagory, Boston, Mass., for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

A Referee in Bankruptcy, at a hearing on a petition to establish the lien of a mortgage of personal property located in Massachusetts and given to the petitioner by the bankrupt more than four months before it was petitioned into bankruptcy, admitted parol evidence to show the actual day upon which the mortgage was executed when the instrument itself gave only the month and year. On the basis of this evidence the Referee found that the mortgage...

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