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FRENCH LUMBER CO. v. COMMERCIAL REALTY & FINANCE CO.

346 Mass. 716 (1964)

195 N.E.2d 507

THE FRENCH LUMBER CO., INC. & others, vs. COMMERCIAL REALTY & FINANCE CO., INC. & another.

Supreme Judicial Court of Massachusetts, Worcester.

January 15, 1964.

Attorney(s) appearing for the Case

Gerald J. Helfenbein for Commercial Realty & Finance Co., Inc.

Gerald E. Norman, for Associates Discount Corporation, submitted a brief.

No argument or brief for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

SPALDING, J.

This bill in equity seeks to determine the ownership of certain funds derived from the sale of an automobile at a public auction.

The judge made findings of the material facts. The findings and evidence establish these facts: On February 9, 1959, The French Lumber Co., Inc. (French), purchased a 1959 Cadillac automobile and financed this purchase through the Ware Trust Company (Ware). French received $4,600

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