Legal Opinion
First National Bank v. Petzoldt
Court of Appeals for the Tenth Circuit
Decided December 9, 1958No. 5867PublishedCited by 2 opinions
1Opinion of the Court
LEWIS, Circuit Judge.
This appeal necessitates the determination of the respective rights of the parties to warehoused seed which was commingled by the warehouseman but remained, notwithstanding such commingling, capable of identification.
The action was instituted by appellees Petzoldt and First National Bank of Lander as a state court action in replevin wherein possessory recovery was sought from Lawrence Warehouse Company1 of certain alfalfa seed stored in that company’s warehouse. A writ of replevin ensued and the county sheriff took constructive possession of 52,380 pounds of seed claimed…
2Cases cited10 opinions
- Commissioner of Internal Revenue v. Union Pac. R. Co.Court of Appeals for the Second Circuit · 1936
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- Van Antwerp v. United StatesCourt of Appeals for the Ninth Circuit · 1937
- United States v. DickinsonCourt of Appeals for the First Circuit · 1938
- Hook v. FennerSupreme Court of Colorado · 1893
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3Cited by2 opinions
- First National Bank Of Fleming v. Paul K. PetzoldtCourt of Appeals for the First Circuit · 1958
- Midland Bean Company v. Farmers State BankColorado Court of Appeals · 1976