Casco Bank & Trust Company v. Harold H. Modes, Trustee, in the Matter of Marshall Engineering Co., Bankrupt

U.S. Court of Appeals for the First Circuit
Casco Bank & Trust Company v. Harold H. Modes, Trustee, in the Matter of Marshall Engineering Co., Bankrupt, 317 F.2d 924 (1st Cir. 1963)
1963 U.S. App. LEXIS 4936
Aldrich, Hartigan, Per Curiam, Woodbury

Casco Bank & Trust Company v. Harold H. Modes, Trustee, in the Matter of Marshall Engineering Co., Bankrupt

Opinion

PER CURIAM.

The judgment is affirmed on the basis-of the opinion of the District Court-Appellant’s only possible ground for distinguishing appellee’s case of Pinkham v. Commercial Acceptance Co., 1929, 128 Me. 139, 145 A. 900, is the court’s statement in that case that the agreement, there “related to the title to a very similar, but none the less a very different, automobile.” Inspection of the record in-the Pinkham case however, discloses that-there was no finding below that there-was in fact an actual car bearing this-other number. We must take the court’s statement as meaning that a creditor could well assume that there was such another car. The referee made the same finding in the case at bar.

Judgment will be entered affirming the judgment of the District Court. D.C. 213 F.Supp. 813.

3

Reference

Full Case Name
CASCO BANK & TRUST COMPANY, Appellant, v. Harold H. MODES, Trustee, Appellee. in the Matter of MARSHALL ENGINEERING CO., Bankrupt
Status
Published