Mayer v. Marcus Mayer Co.

DICKINSON, District Judge.

This controversy includes a question which will not down. It is that of whether a transaction was a conditional sale of personal property or a valid Bailment Lease. We say includes because the fact situation here is somewhat unique, differing in some features from the Bankruptcy cases in which the question often arises. All attempts to acquire or retain title to or a lien upon personal property, when the possession is in the debtor of the claimant, are frowned upon by the common law. The Statute of Elizabeth, which is in force in Pennsylvania and Statutes against…