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BUSSERT v. QUINLAN

No. 6058.

267 F.2d 219 (1959)

Clarence E. BUSSERT, Appellant, v. John P. QUINLAN, Trustee, Appellee. In the Matter of WESTERN GLASS, INC., a Corporation, Bankrupt.

United States Court of Appeals Tenth Circuit.

May 18, 1959.

Attorney(s) appearing for the Case

Jay W. Scovel, Thomas R. Scovel, and Robert K. Scovel, Independence, Kan., for appellant.

John F. O'Brien and John P. Quinlan, Independence, Kan., for appellee.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and KNOUS, District Judge.

KNOUS, District Judge.

The appellant herein filed his claim against the bankrupt based upon a promissory note upon which there was due the sum of $15,425.63 allegedly secured by a chattel mortgage. The trustee in bankruptcy objected to its allowance as a secured claim. The matter was submitted to the referee in bankruptcy on an agreed statement of facts. The referee sustained the objection of the trustee and held the chattel mortgage void but allowed the amount due...

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