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KIRST v. BUFFALO COLD STORAGE CO.

No. 385.

36 F.Supp. 401 (1940)

KIRST v. BUFFALO COLD STORAGE CO.

District Court, W. D. New York.

October 25, 1940.

Attorney(s) appearing for the Case

Dudley, Stowe & Sawyer, Horace C. Winch and Roy P. Ohlin, all of Buffalo, N. Y., for plaintiff.

G. Mowson Berg, of Buffalo, N. Y., for trustee.

Newcomb & Walsh and Walter C. Newcomb, all of Buffalo, N. Y., for defendant.

KNIGHT, District Judge.

Bankrupt was engaged in the business of selling beverages. At its inception it borrowed $15,000 from defendant, principally for the purchase of stock and fixtures, and this was purported to be secured by an agreement giving a lien thereon. This amount was subsequently reduced to $12,500, which amount was secured by three notes, each of which contained a pledge agreement covering a specified number of cases of beverages. From October, 1936,...

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