Legal Opinion

International Shoe Co. v. Shumaker's Trustee

District Court, N.D. Mississippi

Decided January 24, 1922No. 362PublishedCited by 1 opinion

In Bankruptcy. In the matter of S. J. Shumaker, bankrupt. On review of an order of the referee denying the claim of the International Shoe Company to a lien on certain property.

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In Bankruptcy. In the matter of S. J. Shumaker, bankrupt. On review of an order of the referee denying the claim of the International Shoe Company to a lien on certain property. The petitioner, the International Shoe Company, doing business in the state of Missouri, sold certain shoes to S. J. Shumaker amounting to $3,-193.05. Thereafter the said Shumaker was adjudicated a bankrupt and a trustee appointed, whereupon the said shoe company filed its duly verified claim alleging that certain shoes on hand were sold by it to the said Shumaker, and that it was entitled to a lien on said shoes by…

1Opinion of the CourtHoemes, District Judge

(after stating the facts as above). [1] The International Shoe Company had no lien upon the shoes in controversy because it sold said shoes to S. J. Shumaker for the pürpose of resale in the mercantile business of the latter. See In re Matter of Wright & Weissinger, 47 Am. Bankr. Rep. 283, 277 Fed. 514; also Valier & Spiers Milling Co., Petitioners, v. George M. Foote, Trustee of J. F. Howard & Co., 277 Fed. 519.

[2] Furthermore, it does not appear from the record where the contract of sale was entered into, or where the shoes were delivered to the purchaser. Certainly the Mississippi statute…

2Cases cited2 opinions

  1. In re Wright & WeissingerDistrict Court, N.D. Mississippi · 1921
  2. Valier & Spiers Milling Co. v. FooteDistrict Court, S.D. Mississippi · 1921

3Cited by1 opinion

  1. Rome Mfg. Co. v. BaileyDistrict Court, S.D. Mississippi · 1931

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