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AMBERSON INVESTMENT CORPORATION v. FITZGERALD

No. 6032.

266 F.2d 767 (1959)

AMBERSON INVESTMENT CORPORATION, Appellant, v. Thomas J. FITZGERALD, Trustee in Bankruptcy, Appellee. Matter of the copartnership of DENCOLO MANUFACTURING COMPANY, composed of Robert Schweiger and Elisabeth Josephine Schweiger, Bankrupt.

United States Court of Appeals Tenth Circuit.

May 4, 1959.

Attorney(s) appearing for the Case

David Rosner, Denver, Colo., for appellant.

Herbert W. DeLaney, Jr., Denver, Colo., for appellee.

Before MURRAH, LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

In Bankruptcy from the District of Colorado. On January 9, 1956, the appellant Amberson Investment Corporation made a bona fide loan of $15,000 to the Dencolo Manufacturing Company, now bankrupt. The loan was evidenced by a promissory note of even date which provided for monthly installment payments of which the last was due on February 9, 1957. The indebtedness was secured by a chattel mortgage on certain machinery owned by the borrower and...

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