In re Morris
District Court, M.D. Pennsylvania
In Bankruptcy. Petition of Barbara Boyle for the reclamation of certain property.
1Opinion of the Court
ARCHBAFD, District Judge.
It is difficult to give to a written
instrument a character which the transaction, which it purports to represent, does not inherently bear. While, therefore, it is easy enough to make an agreement speak as a lease or a bailment, where that was what was actually in the mind of the parties, where the fact is that the one desires to sell and the other to buy, the attempt to have the arrangement masquerade in writipg as something else is very, likely to fail. There are apt terms and provisions for the one, which are inapt and unadaptable for the other, and the result is a…
2Cases cited10 opinions
- Stiles v. SeatonSupreme Court of Pennsylvania · 1901
- Taylor Ex Rel. Walker v. TaylorSupreme Court of the United States · 1850
- In re WellsDistrict Court, M.D. Pennsylvania · 1905
- Kelly Springfield Road Roller Co. v. SpykerSupreme Court of Pennsylvania · 1906
- In re ButterwickDistrict Court, M.D. Pennsylvania · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- S. F. Bowser & Co. v. Franklin Mortgage & Investment Co.Supreme Court of Pennsylvania · 1931
- Liquid Carbonic Co. v. QuickCourt of Appeals for the Third Circuit · 1910
- In re RinkerDistrict Court, M.D. Pennsylvania · 1909
- In re Porto Rico Progress Publishing Co.District Court, D. Puerto Rico · 1915
- Quality Egg Shippers, Inc. v. United States. Gross v. United StatesCourt of Appeals for the Eighth Circuit · 1954
1 more not listed; retrieve them via the Exa API.