IN RE McBRAYER ENTERPRISES, INC.

No. 74-1063. Summary Calendar.

493 F.2d 463 (1974)

In the Matter of McBRAYER ENTERPRISES, INC., Bankrupt. Ann P. McBRAYER, Appellant, v. NATIONAL CITY BANK OF ROME, Appellee.

United States Court of Appeals, Fifth Circuit.

April 29, 1974.


Attorney(s) appearing for the Case

Dudley B. Magruder, Jr., Rome, Ga., for appellant.

Clinton J. Morgan, Rome, Ga., for appellee.

James S. Kilpatrick, Rome, Ga., for Trustee.

Karl M. Kothe, Rome, Ga., for McBrayer, Bankrupt.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.


PER CURIAM:

When McBrayer Enterprises, Inc. borrowed $39,500 from the National City Bank of Rome, Georgia, a promissory note for the loan was secured by "assigned various stocks" registered in the name of Ann P. McBrayer, the appellant. Mrs. McBrayer assigned each stock certificate in blank. The note, representing that McBrayer Enterprises owned and had "full power and authority" to pledge the collateral, was endorsed by Mrs. McBrayer and her husband. He was the president...

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