L. C. Smith & Bro. Typewriter Co. v. Alleman
Court of Appeals for the Third Circuit
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
- Ott v. SweatmanSupreme Court of Pennsylvania · 1895
- Jones v. WandsSuperior Court of Pennsylvania · 1896
- Brunswick & Balke Co. v. HooverSupreme Court of Pennsylvania · 1880
- Kelly Springfield Road Roller Co. v. SpykerSupreme Court of Pennsylvania · 1906
- Ditman v. C. B. Cottrell & SonsSupreme Court of Pennsylvania · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlantic Refining Co. v. Wyoming National BankSupreme Court of Pennsylvania · 1946
- In re ShipleyDistrict Court, D. Maryland · 1928
- Ellet-Kendall Shoe Co. v. MartinCourt of Appeals for the Eighth Circuit · 1915
- Duhrkop Oven Co. v. TormayCourt of Appeals for the Third Circuit · 1925
- Berry Bros. v. SnowdonCourt of Appeals for the Ninth Circuit · 1913
4 more not listed; retrieve them via the Exa API.