Bay City Shovels, Inc. v. Arthur M. Schueler, Trustee of the Estate of Raymond J. Avendt, Inc., Bankrupt

STEWART, Circuit Judge.

Appellant filed a reclamation petition in a bankruptcy proceeding to recover a power shovel on which it held a chattel mortgage. The petition was denied by the referee. This appeal is from the district court’s affirmance of the referee’s order. 1

Raymond J. Avendt, Inc., is the bankrupt. Its president was Raymond J. Avendt. He purchased the shovel from one Raymond Lajoie on September 10, 1953. At the time of the purchase he executed a note and chattel mortgage in his individual name. These were the only documents covering the transaction; there was no bill of sale. On…