Pacific Finance Corporation v. Eleanor Edwards

304 F.2d 224 PACIFIC FINANCE CORPORATION, and Strato Motors, Inc., Appellants, v. Eleanor EDWARDS, Trustee in the Matter of W. J. Myers, Whose Wife Is Elsie Myers, Bankruptcy Cause No. 46653, Appellee. No. 17439. United States Court of Appeals Ninth Circuit. June 15, 1962. Alex Wiley, Seattle, wash., for appellant. Frederic P. Holbrook, Seattle, Wash., for appellee. Before BONE, JERTBERG and DUNIWAY, Circuit Judges. JERTBERG, Circuit Judge. 1 Following a hearing on an order to show cause issued by the Referee in Bankruptcy directed to the appellants, the Referee ordered that the conditional sale contract between the appellants and the bankrupt covering the purchase of a Cadillac automobile, was null and void as to the Trustee, and directed the Trustee to sell the automobile free and clear of the lien claims of the appellants. 2 The order of the Referee was affirmed by the District Court upon appellants' petition for a review of the order. 3 The cause was submitted to the Referee under a stipulation of facts, the stipulation providing that the facts therein set forth 'are the only ones to be considered by the Court.' 4 The facts stated in the stipulation are, as follows: 5 'I.' 6…