Valaske v. Wirtz

ARANT, Circuit Judge.

For several years John St. Clair and Chris Demetral were partners in the operation of a restaurant in Hamilton, Ohio, known as The Gold Dollar Cafe, owning respectively two-thirds and one-third interests therein. On October 27, 1937, they filed a voluntary petition in bankruptcy, and the partnership was duly adjudged bankrupt. Appellant claimed to be a secured creditor by virtue of a mortgage executed to him by St. Clair. The referee denied appellant’s claim, the District Court affirmed his order and this is an appeal from that judgment.

The mortgage upon which appellant…