E. A. Kinsey Co. v. Heckermann
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Petition by the F. A. Kinsey Company against A. W. Heckermann, trustee in bankruptcy of James D. Patton, to establish a lien on certain machinery sold to the bankrupt. From a decree establishing the lien as to a portion of the machinery, but denying it as to the rest, both the petitioner and the trustee appeal.
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Appeals from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Petition by the F. A. Kinsey Company against A. W. Heckermann, trustee in bankruptcy of James D. Patton, to establish a lien on certain machinery sold to the bankrupt. From a decree establishing the lien as to a portion of the machinery, but denying it as to the rest, both the petitioner and the trustee appeal. Those are cross-appeals from a decree entered in the court below January 30, 1915. Patton, trading as the Commercial Packing Company, and also as…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above), [1] The question presented is whether the lien claimed by the Kinsey Company is valid under any statute of Ohio. The only statute relied on or discussed by counsel is embraced in sections 8308 and 8310 (3 Page & Adams’ Ann. Gen. Code Ohio), which in material parts are set out in the margin.1 The District Court reversed the order of the *311referee so far as it affected the two No. OB. & S. wire-feed screw machines, and affirmed the order as to the other machines. The theory of the reversal was that, although all the machines were regarded as personal property,…
2Cases cited15 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- Landigan v. MayerOregon Supreme Court · 1898
- Schott v. HarveySupreme Court of Pennsylvania · 1884
- Arlington Mill & Elevator Co. v. YatesNebraska Supreme Court · 1898
- Wade v. PettiboneOhio Supreme Court · 1846
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3Cited by3 opinions
- Sweeney v. MedlerCourt of Appeals for the Tenth Circuit · 1935
- Helvering v. Atlas Life Ins.Court of Appeals for the Tenth Circuit · 1935
- Rule v. Automatic News Distributing Co.Ohio Court of Appeals · 1915