Oppenhimer v. Finance & Guaranty Co.

ROSE, Circuit Judge.

The parties below occupied the same position they do in this court; that is to say, Henry W. Oppenhi-mer, as trustee in bankruptcy for one W. A. .Lee, trading as the National Motor Company, was there plaintiff and is plaintiff in error here, and the Finance & Guaranty Company, defendant in error here, was defendant there. For brevity, they will be referred to as the trustee and the vendor, respectively.

The bankrupt, one W. A. Lee, traded as the National Motor Company. No one else was interested in the business, which was that of buying and selling automobiles. The vendor…