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Abstract

More than four months before bankruptcy the vendor sold an automobile truck to the bankrupt grocer under an unrecorded conditional sales contract, and a part of the purchase money, represented by an installment note, is still owing. The appellant was assigned the contract and note before the first installment became due. The truck was turned over to the trustee in bankruptcy, who sold it and holds the proceeds. Appellant filed a claim in bankruptcy asserting a statutory purchase money lien. Held, that the lien of the vendor prevails over the trustee. Commercial Credit Co. v. Davidson, (C. C. A. 5th, 1940) 112 F. (2d) 54.

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