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IN RE HIGGS

No. 10748.

126 F.Supp. 16 (1954)

In the Matter of Arthur E. HIGGS & Jane C. Higgs individually and as copartners d/b/a Jany Ceramic Fashions, Bankrupt.

United States District Court, E. D. Michigan, N. D.

December 2, 1954.

Attorney(s) appearing for the Case

Ralph J. Isackson, Bay City, Mich., for the petitioner, H. Hirschfield Sons Co.

Janet E. Kinnane, Bay City, Mich., for William H. Dempster, Trustee.

PICARD, District Judge.

This is a reclamation petition brought by H. Hirschfield Sons Co. based upon the claimed validity of a chattel mortgage. The equities preponderate in favor of petitioner. The law, however, does not.

Findings of Fact

Here are the facts. In early 1952 Arthur E. Higgs and Jane C. Higgs, doing business as the Jany Ceramic Fashions, made arrangements to borrow $8,000 from petitioner H. Hirschfield Sons Co. to take care of current...

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