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ALLEN v. COHEN

No. 10, Docket 27455.

310 F.2d 312 (1962)

Robert ALLEN and Helen Allen, Appellants, v. Ronald S. COHEN, Trustee in Bankruptcy of Melvin F. Cady, Appellee.

United States Court of Appeals Second Circuit.

Decided November 14, 1962.

Attorney(s) appearing for the Case

George E. Burns, Buffalo, N. Y., for appellants Robert Allen and Helen Allen.

Sanford Silverberg, Buffalo, N. Y., for Ronald S. Cohen, trustee.

Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.

FRIENDLY, Circuit Judge.

The Allens, appellants herein, operate a trailer court in the town of Boston, New York. Cady signed an agreement with them with respect to an "Elcona" trailer, in which he and his family thereafter lived in the court. After Cady became bankrupt, his trustee sought authority to sell the trailer free of any claims by the Allens. The trustee contended that the agreement constituted a conditional sale within § 61 of the New York Personal...

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