Mickel-Hopkins, Inc. v. Frassinetti

SOBELOFF, Chief Judge.

The issue here is whether a purported conditional sales contract validly created the lien asserted by appellant, MickelHopkins 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 equipment was purchased from MickelHopkins Company, Inc., for an amount in excess of $63,000.00, the down payment being $10,000.00. The…