Legal Opinion

Beneficial Finance Co. Of North Jersey v. Irwin Ray, as Trustee Under Reorganization Proceedings of Atlas Sewing Centers, Inc.

Court of Appeals for the Fifth Circuit

Decided March 17, 1964No. 20302_1PublishedCited by 4 opinions

1Per curiam

It appearing that the written documents under which the conditional sales contracts here were transferred to appellant constituted appellant an agent only for collection of the contracts, we conclude that the trial court did not err in entering a summary turnover order. A reading of the contracts under which Beneficial obtained possession of the property makes it plain that it had no adverse claim of title to the contracts that was more than colorable. As we stated in B. F. Avery & Sons Co. v. Davis, 5 Cir., 192 F.2d 255, quoted with approval in Spach, Trustee v. Fisher, 5 Cir., 310 F.2d 328,…

2Cases cited2 opinions

  1. B. F. Avery & Sons Co. v. DavisCourt of Appeals for the Fifth Circuit · 1951
  2. May Spach, Trustee v. Herbert M. Fisher, Bankrupt and Drake Operating Co., Inc.Court of Appeals for the Fifth Circuit · 1963

3Cited by4 opinions

  1. American Mannex Corporation v. Joe D. Huffstutler, Trustee for Trice Production Company, BankruptCourt of Appeals for the Fifth Circuit · 1964
  2. Gorenz v. State of Illinois Department of AgricultureCourt of Appeals for the Seventh Circuit · 1981
  3. In re Realsite, Inc.District Court, S.D. Florida · 1966
  4. Gorenz v. State Illinois Department AgricultureCourt of Appeals for the Seventh Circuit · 1981

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