IN RE WASHBURN & DAUDELIN

No. 163, Docket 25303.

268 F.2d 279 (1959)

In the Matter of WASHBURN & DAUDELIN, Bankrupts. PLANT & GRIFFITH LUMBER CO., Inc., Appellant, v. WASHBURN & DAUDELIN, L. John Cain, Trustee, Appellee.

United States Court of Appeals Second Circuit.

Decided June 30, 1959.


Attorney(s) appearing for the Case

Meaker & Adams, Waterbury, Vt. (Charles J. Adams, Waterbury, Vt., of counsel), for appellant.

Donald E. O'Brien, Burlington, Vt., for appellee.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.


PER CURIAM.

The partnership of Washburn & Daudelin was a building contractor doing business in northwestern Vermont in 1956, and appellant, a material supplier located there, was one of its creditors. On August 30, 1956 the partnership gave to appellant, at appellant's request, a second mortgage on a house the partnership was then constructing. This mortgage was given to secure a sum of $4,466.56. On December 18, 1956 the partnership filed a voluntary petition...

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