In re Harris
District Court, M.D. Tennessee
In Bankruptcy. In the matter of Harris & Bacherig, bankrupts. On review of order of referee. Petition by the trustee in bankruptcy for the review of an order of the referee sustaining the intervening petition of William Henne & Co. for the reclamation of certain merchandise which came into the possession of the trustee that had been delivered to the bankrupt by the said petitioner under a written contract claimed by it to constitute merely a consignment or bailment for sale,…
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In Bankruptcy. In the matter of Harris & Bacherig, bankrupts. On review of order of referee. Petition by the trustee in bankruptcy for the review of an order of the referee sustaining the intervening petition of William Henne & Co. for the reclamation of certain merchandise which came into the possession of the trustee that had been delivered to the bankrupt by the said petitioner under a written contract claimed by it to constitute merely a consignment or bailment for sale, and adjudging the said petitioner to be.entitled to the possession of said merchandise.
1Opinion of the Court
SANFORD, District Judge.
[1] In the contract in question, under which the shoes were furnished by Henne & Co. to the bankrupt, the parties are termed consignors and consignees, respectively, and it is expressly provided that the title to the goods shall remain in the consignors at all times. The contract therefore cannot upon its face be held to be a conditional sale rather than a bailment for sale, unless the legal effect of its provisions is to render it in fact a sale, regardless of the declared intention of the parties that it should only constitute a consignment, with retention of title…
2Cases cited14 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Union Stock-Yards & Transit Co. v. Western Land & Cattle Co.Court of Appeals for the Seventh Circuit · 1893
- In re GaltCourt of Appeals for the Seventh Circuit · 1903
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Charles M. Stieff, Inc. v. City of San AntonioTexas Supreme Court · 1938
- McCallum v. Bray-Robinson Clothing Co.Court of Appeals for the Sixth Circuit · 1928
- Mitchell Wagon Co. v. PooleCourt of Appeals for the Sixth Circuit · 1916
- Sandack v. Tamme. In Re HatfieldCourt of Appeals for the Tenth Circuit · 1950
- Dryden v. Michigan State IndustriesCourt of Appeals for the Eighth Circuit · 1933
4 more not listed; retrieve them via the Exa API.