Legal Opinion

L. C. Smith & Bro. Typewriter Co. v. Alleman

Court of Appeals for the Third Circuit

Decided October 11, 1912No. 1,573PublishedCited by 9 opinions

Appeal from the District Court of the United States for the Eastern District of Pennsylvania. Bankruptcy proceedings against the Franklin Dumber Company, Incorporated. On petition to review a decree (187 Fed. 281) affirming a referee’s order denying the application of the D. C. Smith & Bro. Typewriter Company for the return of a typewriter delivered to the bankrupt under a bailment contract.

1Opinion of the Court

WITMER, District Judge.

Whether the contract in suit is a bailment or conditional sale is here presented by this record. The writing was entered into between the D. C. Smith & Bro. Typewriter Company and the Franklin Dumber Company, Incorporated, on the 4th day of February, 1909. The latter having since been declared a bankrupt, its creditors are represented by S. H. Alleman, as trustee.

The contract discloses that the Smith Company delivered to the Franklin Company a certain typewriter, designated by factory number, for use and hire for the term of seven months, at a rental of $105, pajmble as…

2Cases cited15 opinions

  1. Ott v. SweatmanSupreme Court of Pennsylvania · 1895
  2. Jones v. WandsSuperior Court of Pennsylvania · 1896
  3. Brunswick & Balke Co. v. HooverSupreme Court of Pennsylvania · 1880
  4. Kelly Springfield Road Roller Co. v. SpykerSupreme Court of Pennsylvania · 1906
  5. Ditman v. C. B. Cottrell & SonsSupreme Court of Pennsylvania · 1889

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Atlantic Refining Co. v. Wyoming National BankSupreme Court of Pennsylvania · 1946
  2. In re ShipleyDistrict Court, D. Maryland · 1928
  3. Ellet-Kendall Shoe Co. v. MartinCourt of Appeals for the Eighth Circuit · 1915
  4. Duhrkop Oven Co. v. TormayCourt of Appeals for the Third Circuit · 1925
  5. Berry Bros. v. SnowdonCourt of Appeals for the Ninth Circuit · 1913

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API