U.S. Court of Appeals for the Fifth Circuit, 1922

Citizens' American Bank & Trust Co. v. Driscoll

U.S. Court of Appeals for the Fifth Circuit · Decided April 11, 1922

279 F. 748; 1922 U.S. App. LEXIS 1619

Counsel

William Hunter, of Tampa, Fla., for appellant., William H. Jackson and Martin B. Withers, both of Tampa, Fla., for nppellee.

Cases that cite this one

3 later published cases cite this decision.

In re Smith (District Court, E.D. South Carolina 1943)
McKaig v. Commercial Credit Corp. (5th Cir. 1942)
Industrial Finance Corp. v. Capplemann (4th Cir. 1922)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellant bank advanced the purchase price of a motor truck, and accepted as security a mortgage thereon from the purchaser, one A. L. Halbauer, who maintained a place of business at *749which he was engaged in buying and selling automobiles and motor trucks. Appellant permitted lialbauer to retain possession of the truck, and to display and offer it for sale at his salesroom. Subsequently, Halbauer was adjudicated a bankrupt, and appellant seeks to claim the truck as against the trustee in bankruptcy.

We are of opinion that the order of the District Court, denying the relief sought, is correct. It was so held by this court in General Securities Co. v. Driscoll, 271 Fed. 295, upon similar facts and in the same bankrupt estate.

The order appealed from is affirmed.

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