Legal Opinion

In re Wright-Dana Hardware Co.

Court of Appeals for the Second Circuit

Decided February 17, 1914No. 140PublishedCited by 14 opinions

Appeal from the District Court of the United States for the Northern District of New York. In the matter of bankruptcy proceedings of the Wright-Dana Hardware Company. From a decree (205 Fed. 335) allowing the claim of the Warren Paint Company, John A. Cantwell, as trustee, appeals.

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Appeal from the District Court of the United States for the Northern District of New York. In the matter of bankruptcy proceedings of the Wright-Dana Hardware Company. From a decree (205 Fed. 335) allowing the claim of the Warren Paint Company, John A. Cantwell, as trustee, appeals. On appeal from a final decree of the United States District Court for the Northern District of New York allowing a claim of the Warren Paint Company at the sum of $3,529.82 against the Wright-Dana Hardware Company, bankrupt. The Wright-Dana Hardware Company was adjudicated a bankrupt February 5, 1912, on a…

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above).’ The question which is involved in this case depends upon whether the paint which the Warren Paint Company shipped to the Wright-Dana Hardware Company became the property of the latter or continued to be the property of the former. If it remained the property of the paint company, as the court below held it did, then that company had a right to the possession of its property and no preference was obtained over other creditors. But, if the title was vested in the hardware company, it is evident that the paint company obtained a preference under the Bankuptcy…

2Cases cited7 opinions

  1. In re GarcewichCourt of Appeals for the Second Circuit · 1902
  2. Walter A. Wood Mowing & Reaping Mach. Co. v. VanstoryCourt of Appeals for the Fourth Circuit · 1909
  3. Hardy v. HuntCalifornia Supreme Court · 1858
  4. Hart v. HydeSupreme Court of Vermont · 1833
  5. In re HowlandDistrict Court, N.D. New York · 1901

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

3Cited by14 opinions

  1. United States v. LutherCourt of Appeals for the Tenth Circuit · 1955
  2. In re Pottier & Stymus Co.Court of Appeals for the Second Circuit · 1919
  3. Ralph A. Veon, Inc. v. Hinks (In Re Ralph A. Veon, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1981
  4. Purcell v. STN Enterprises, Inc. (In Re STN Enterprises, Inc.)United States Bankruptcy Court, D. Vermont · 1985
  5. In re National Home & Hotel Supply Co.District Court, E.D. Michigan · 1915

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

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