Fifth Third Union Trust Co. v. Kennedy

CHASE, Circuit Judge.

This appeal is from an order denying a petition to reclaim from a trustee in bankruptcy personal property sold and delivered to the bankrupt under a conditional sales contract. The petitioner-appellant sought to show an enforceable vendor’s lien which the court held invalid because the contract was not recorded as required by state law.

J. G. Baldwin & Co., Inc. a New York corporation having its principal office and only place of business in Rockingham, Vt., was adjudicated a bankrupt on April 28, 1949 and appellee Kennedy is its duly appointed and qualified trustee.

On May…