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MICKEL-HOPKINS, INC. v. FRASSINETTI

No. 8037.

278 F.2d 301 (1960)

MICKEL-HOPKINS, INC., Appellant, v. Jordan J. FRASSINETTI, Trustee in Bankruptcy of the estate of James Harold Coble, Trading and Doing Business as Harold's (Restaurant), Bankrupt, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 28, 1960.

Attorney(s) appearing for the Case

Charles E. Roth, Greensboro, N. C. (Falk, Carruthers & Roth, Greensboro, N. C., on brief), for appellant.

William L. Osteen, Greensboro, N. C. (Booth & Osteen, Greensboro, N. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and BUTLER, District Judge.

SOBELOFF, Chief Judge.

The issue here is whether a purported conditional sales contract validly created the lien asserted by appellant, Mickel-Hopkins Company, Inc., against personal property in the possession of James Harold Coble at the time of his adjudication as a bankrupt.

The background of the controversy may be briefly stated. In November, 1957, Coble opened a new restaurant in Greensboro, North Carolina. Substantially all the restaurant fixtures and...

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