In re Martina

KNIGHT, District Judge.

A review of the decision of the Referee herein is sought. Charles V. Martina, the bankrupt, was the proprietor of a motion picture theater in the city of Syracuse, New York. On February 17, 1940, he executed a so-called customer’s order for the purchase of certain carpets and other equipment from the United Projector & Film Corporation. Such order contained the clause that, if the terms were not C. O. D., the purchaser, before the goods were delivered, would execute a conditional sales contract and note, or chattel mortgage and note covering them. On the morning of May…