In re Perpall
Court of Appeals for the Second Circuit
Petition to Revise Order of and Appeal from the District Court of the United States for the Southern District of New York. Petition by Louis R. Hammerslough for reclamation of certain property from Ezra P. Prentice, as receiver in bankruptcy of Clarence C. Perpall. Order for claimant, and said receiver brings a petition to revise and also appeals.
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Petition to Revise Order of and Appeal from the District Court of the United States for the Southern District of New York. Petition by Louis R. Hammerslough for reclamation of certain property from Ezra P. Prentice, as receiver in bankruptcy of Clarence C. Perpall. Order for claimant, and said receiver brings a petition to revise and also appeals. The claimant, Louis R. Hammerslough, brought his petition for the reclamation from the receiver of Clarence C. Perpall, doing business under the name of Clarence 0. Perpall & Co., bankrupt, of one first-mortgage 30-year Seattle-Everett 5 per cent,…
1Opinion of the CourtKnox, District Judge
(after stating the facts as above). In the case of Empire State Type Founding Co. v. Grant, 114 N. Y. 40, 21 N. E. 40, it was held that, where a contract for the sale of personal property does not provide, in express terms, that payment shall be made on delivery, or that payment and delivery shall not be concurrent, the intent of the parties must control, and if from the acts of the parties and the surrounding circumstances it can be inferred that it was intended that payment and delivery should be concurrent acts, the title will be deemed to have remained in the vendor until the condition of…
2Cases cited8 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
- Scudder v. BradburyMassachusetts Supreme Judicial Court · 1871
- Smith v. . LynesNew York Court of Appeals · 1851
- Hammett v. . LinnemanNew York Court of Appeals · 1872
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3Cited by15 opinions
- Engstrom v. WileyCourt of Appeals for the Ninth Circuit · 1951
- Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934
- Alexiou v. Bridgeport-Peoples' Savings BankSupreme Court of Connecticut · 1930
- In re PerpallCourt of Appeals for the Second Circuit · 1921
- In Re Times Square Auto Supply Co.Court of Appeals for the Second Circuit · 1931
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