In re White's Express Co.
Court of Appeals for the Second Circuit
Petition to Revise and Appeal from Order of the District Court of the United States for the Eastern District of New York.
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Petition to Revise and Appeal from Order of the District Court of the United States for the Eastern District of New York. This cause comes here on appeal from and petition to revise an order of the District Court, Eastern District of New York, dismissing the petition of General Vehicle Company, Inc., for reclamation of the sum of $3,333.33, proceeds of the sale of certain automobile trucks.^ which, by order on stipulation, was held by the trustee of White’s' Express Company, bankrupt, as a separate fund, subject to the same lien or rights, if any, which claimant had on and in the trucks.
1Opinion of the Court
MAYER, District Judge.
The right of General Vehicle Company, Inc., to reclaim depends primarily on the question as to whether the agreement entered into between its assignor, General Vehicle Company, and White’s Express .Company was a conditional bill of sale or ■a mortgage.. [1] On July 19, 1909, claimant’s assignor proposed, in writing, to furnish to White’s Express Company certain automobile trucks at a stated purchase price, payable in installments. .The written proposal, which was accepted on July 21, 1909, by the Express Company, contained 'the following provision;
“The title of said…
2Cases cited10 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Harkness v. RussellSupreme Court of the United States · 1886
- Holt v. HenleySupreme Court of the United States · 1914
- Skilton v. . CodingtonNew York Court of Appeals · 1906
- Zartman v. First National BankNew York Court of Appeals · 1907
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3Cited by1 opinion
- In re I. S. Remson Mfg. Co.Court of Appeals for the Second Circuit · 1916