Barth Equipment Co. v. Perlstein

FRANK, Circuit Judge.

The bankrupt, which operated a restaurant at the World’s Fair, purchased certain equipment from the appellant on two contracts of conditional sale, totaling $2,894.79. On August 1, 1940, while in default in its payments on these contracts, the bankrupt filed a petition under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. Two weeks later, appellant brought on a motion in the bankruptcy proceeding for permission to reclaim the equipment and to dispose of it pursuant to the contracts and the New York Personal Property Law, Consol.Laws, c. 41. The motion was…