In the Matter of William Bookheim & Sons, Inc., Bankrupt. Michael F. Waldenmaier and George Waldenmaier, Jr., Globe Food Sales Co., Inc.

The petitioners, who are unsecured general creditors of the bankrupt, appeal *29from the decision of the District Court for the Northern District of New York confirming the order of the Referee in Bankruptcy which upheld the validity of a mortgage lien.

The mortgage in question was executed by the bankrupt, William Bookheim & Sons, Inc. (Bookheim) to Globe Food Sales Co., Inc. (Globe) on July 18, 1962 and was duly recorded three weeks later. From the conflicting testimony, the Referee found that the consideration for the mortgage was merchandise delivered by Globe to the bankrupt one week before…