Shapiro v. Hoffman's Dairy Co.

LEDERLE, Chief Judge.

This case is presently before the court for determination of a motion for summary judgment of dismissal filed by defendant. The basic issue is whether a series of documents, executed at one time by the defendant in this case and by a person who later became bankrupt, are in legal contemplation to be regarded as evidencing a title retaining contract or an unrecorded chattel mortgage which would not be effective against a trustee in the bankrupt’s estate, owing unpaid claims which matured both prior and subsequent to execution of the questioned documents.

Complaint was filed…