In the Matter of James E. Bennett, Bankrupt, Manufacturers National Bank of Detroit v. Donald W. Kreling, Trustee

HARRY PHILLIPS, Circuit Judge.

This appeal presents the question of the validity, under Michigan law, of an affidavit affixed to an automobile chattel mortgage, which was signed by the mortgagor and notarized by a notary public. 1

The trustee in bankruptcy contends, and both the referee in bankruptcy and district court held, that the chattel mortgage was void as against general creditors in the bankruptcy proceeding, because the notary public did not administer the oath in accordance with requirements of the applicable Michigan statutes. 2

The notary public was a salesman for the automobile…