Legal Opinion

In re Armour Ash Can Mfg. Co.

Court of Appeals for the Second Circuit

Decided December 10, 1928No. 85PublishedCited by 1 opinion

1Opinion of the CourtL. Hand, Circuit Judge

(after stating the facts as above). We see no reason to disturb the finding below that the 250 boards delivered to the bankrupt for repainting were not among those sold in the lot of 552. Their original delivery to the bankrupt, no doubt, put the burden of proof upon the trustee to show that they were not among the lesser lot; but there was such evidence, and the special master and District Judge believed it. While on this appeal the case is open, we cannot undertake to review such a finding, made by the tribunal of first instance.

The ease stands otherwise in respect of the 1,204 stands…

2Cases cited4 opinions

  1. Kahn v. RosenstielDistrict Court, S.D. New York · 1924
  2. Bready v. . B.A. Wechsler Co., Inc.New York Court of Appeals · 1923
  3. Bready v. B. A. Wechsler Co.Appellate Division of the Supreme Court of the State of New York · 1922
  4. Birdsong v. W. H. & F. Jordan, Jr., Inc.Court of Appeals for the Second Circuit · 1924

3Cited by1 opinion

  1. Ely & Walker Dry Goods Co. v. Adams Mfg. Co.Court of Appeals for the Second Circuit · 1939

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