In re Simpson Mfg. Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois. Hill, Clarke & Co., the appellants, filed in the bankruptcy proceedings in the court below an intervening petition asking for the return to them by the receiver in bankruptcy of a certain radial drill, with a belt drive, speed shaft, and other attachments, which machinery, as is alleged, they bad shipped to the bankrupt at Winthrop Harbor, 111., on January 14, 1902, and for which, if…
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Appeal from the District Court of the United States for the Northern District of Illinois. Hill, Clarke & Co., the appellants, filed in the bankruptcy proceedings in the court below an intervening petition asking for the return to them by the receiver in bankruptcy of a certain radial drill, with a belt drive, speed shaft, and other attachments, which machinery, as is alleged, they bad shipped to the bankrupt at Winthrop Harbor, 111., on January 14, 1902, and for which, if the machinery should be accepted by the bankrupt, they were to receive $950 in six notes, each for the sum of $158.33,…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The question here is whether the machinery in question was unconditionally delivered to and accepted by the bankrupt, or whether the sale was a conditional one, under which the machinery was delivered to the bankrupt for trial and approval, and not accepted. We have recently had occasion to consider the rule with respect to- the passing of title in the case of machinery delivered on trial. In re George M. Hill Company, 123 Fed. 866, 59 C. C. A. 354. In that case there was a written agreement, by the terms of which the machine was delivered, *308which the…
2Cases cited1 opinion
- In re George M. Hill Co.Court of Appeals for the Seventh Circuit · 1903
3Cited by1 opinion
- Fidelity Fuel Co. v. Martin Howe Coal Co.Court of Appeals for the Seventh Circuit · 1926