Legal Opinion
John Deere Plow Co. v. Anderson
Court of Appeals for the Fifth Circuit
Decided December 14, 1909No. 1,959PublishedCited by 4 opinions
Petition to Superintend and Revise Proceedings in the District Court of the United States for the Southern District of Georgia, in Bankruptcy. Application by the John Deere Plow Company for an order directing A. S. Anderson, trustee, to surrender possession of certain property sold to the bankrupt under a conditional contract of sale. An order disallowing petitioner’s claim was affirmed by the District Court, and petitioner brings a petition to superintend and revise.
1Opinion of the Court
FOSTER, District Judge.
In this matter it appears that one V. U. Burke purchased certain merchandise from the J ohn Deere Plow Company under a written contract of sale, which contained, among others, the following stipulation:
“(7) It is also agreed that the title to and ownership of, and the right to immediate and exclusive possession upon demand, either oral or written, to all goods which may be shipped as herein provided or during the current season; shall remain in and their proceeds in case of sale shall he the property of -the John Deere Plow Company, and subject to their order until full…
2Cases cited4 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Bryant v. Swofford Bros. Dry Goods Co.Supreme Court of the United States · 1909
- Rhode Island Locomotive Works v. Empire Lumber Co.Supreme Court of Georgia · 1893
- General Fire Extinguisher Co. v. LamarCourt of Appeals for the Fifth Circuit · 1905
3Cited by4 opinions
- Bacon v. HanesleyCourt of Appeals of Georgia · 1916
- Malmo v. Washington Rendering & Fertilizing Co.Washington Supreme Court · 1914
- In re ThomasDistrict Court, N.D. Georgia · 1922
- Flemming v. DrakeSupreme Court of Georgia · 1927