Business Finance Co. v. Weitz

BIGGS, Circuit Judge.

The appellant, Business Finance Company, is the holder of a chattel mortgage covering certain chattels of the bankrupt, Lawrence Gold, given by him in return for valuable consideration and duly recorded by the appellant in accordance with the law. It now seeks to avail itself of the security of this mortgage in derogation of the rights of the general creditors of the bankrupt’s estate. The affidavit of consideration upon the mortgage was executed by Lillian Bloom, the secretary of the corporation, but no evidence of her authority, if any, to act for the corporation, other…