Bumb

Bumb v. McIntyre

Good Law
277 F.2d 647
United States Court of Appeals for the Ninth CircuitApril 14, 1960No. 16515California2,085 words

Opinion

Lead Opinion

Hamlin, J.

A. J. Bumb, Trustee in Bankruptcy of the Estate of Ampsco Products of California, Inc., Bankrupt, appellant herein, appeals from an order of the District Court of the Southern District of California affirming the decision of a referee in bankruptcy holding valid as against the trustee a chattel mortgage executed by the bankrupt in favor of L. E. McIntyre and M. H. McIntyre, doing business as L. E. McIntyre & Company, appellee herein.

The District Court had jurisdiction by virtue of 11 U.S.C.A. § 11 , and this Court has jurisdiction under 11 U.S.C.A. § 47 .

The essential facts in the case are undisputed. On May 25, 1956, Ampsco Products of California, Inc., for a valuable consideration executed and delivered a chattel mortgage to L. E. McIntyre & Co., a partnership, as security for a promissory note in the sum of $27,500. The transaction was handled through an escrow in the Security-First National Bank of Los Angeles. An inventory list of all the specific items of personal property covered by the mortgage was deposited in said escrow with the mortgage. However, the inventory list was not actually attached to the mortgage. The chattel mortgage was duly published and recorded in…

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