Summers v. Carbondale Machine Co.
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court, Northern District; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. U. S. Bratton operated an ice plant at Augusta under the name of the Arkansas Public Service Company, •and a creditor sued and recovered judgment against Mm, and at the instance of tMs creditor ,a receiver was appointed for the concern, who took charge of its assets, including the machinery used in making ice.
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Appeal from Woodruff Chancery Court, Northern District; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. U. S. Bratton operated an ice plant at Augusta under the name of the Arkansas Public Service Company, •and a creditor sued and recovered judgment against Mm, and at the instance of tMs creditor ,a receiver was appointed for the concern, who took charge of its assets, including the machinery used in making ice. Appellee filed an intervention in that suit, in which it claimed title to tMs machinery, under a reservation of title clause in the contract of sale. The contract price of…
1Opinion of the Court
Smith, J.,
(after stating the facts). Two questions are presented. The first is, whether the change of method of payments and extension of time for payments operated to waive the reservation of the title to the machín-' ery. And the second question is, whether the contract of sale shall be construed according to the laws of this State, where a reservation of title is valid against creditors, or according to the laws of Pennsylvania, where -such a reservation is invalid against creditors.(1) The first question is settled iby the decision of this court in the case of Hollenberg v. Bankston, 107…
2Cases cited1 opinion
- Hollenberg Music Co. v. BankstonSupreme Court of Arkansas · 1913
3Cited by2 opinions
- Heidelberg Southern Sales Company v. TudorSupreme Court of Arkansas · 1958
- General Motors Acceptance Corp. v. HicksSupreme Court of Arkansas · 1934