Legal Opinion

Crucible Steel Co. of America v. Holt

Court of Appeals for the Sixth Circuit

Decided November 16, 1909PublishedCited by 24 opinions

Appeal from the District Court of the United States for the Western District of Kentucky. Suit by the Crucible Steel Company of America against O. G. Holt, trustee in bankruptcy of Davis, Kelly & Co., bankrupts. Decree for defendant, and complainant appeals.

1Opinion of the Court

SEVERENS, Circuit Judge.

The controversy between these parties involves the question of the right of the vendor of goods sold by the vendor, the Crucible Steel Company, by a conditional sale to the bankrupt under an agreement that the title was to remain in the vendor until payment of the purchase price. By the law of Kentucky, where the-transaction occurred, such a sale amounts to a sale and a chattel mortgage back to the vendor, and is subject to the provisions of the statute of the state concerning the recording of chattel mortgages. The statute reads as follows:

“No deed, or deed of trust…

2Cases cited3 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Thomas v. TaggartSupreme Court of the United States · 1908
  3. Moorman v. BeardCourt of Appeals for the Sixth Circuit · 1907

3Cited by24 opinions

  1. Potter Mfg. Co. v. ArthurCourt of Appeals for the Sixth Circuit · 1915
  2. Toof v. City Nat. Bank of PaducahCourt of Appeals for the Sixth Circuit · 1913
  3. Detroit Trust Co. v. Pontiac Savings BankCourt of Appeals for the Sixth Circuit · 1912
  4. In re BazemoreDistrict Court, N.D. Alabama · 1911
  5. Peter Schuttler Co. v. GuntherMichigan Supreme Court · 1923

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