Townsend v. Ashepoo Fertilizer Co.
Court of Appeals for the Fourth Circuit
Cross-petitions to Superintend and Revise, in Matter of Law, Proceedings of the District Court.of the United States for the Eastern District of South Carolina, at Charleston; Henry A. M. Smith, Judge.
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Cross-petitions to Superintend and Revise, in Matter of Law, Proceedings of the District Court.of the United States for the Eastern District of South Carolina, at Charleston; Henry A. M. Smith, Judge. Cross-petitions in bankruptcy by W. H. Townsend and another, and by T. P. Meetze, trustee in bankruptcy of the estate of W. P. Roof, and by the Ashepoo Fertilizer Company to superintend and revise, in matter of law, a decree sustaining in part an alleged lien on certain of the bankrupt’s assets.
1Opinion of the Court
WOODS, Circuit Judge.
The petitions of the trustee of the bankrupt estate of W. P. Roof, and of Ashepoo Fertilizer Company, claiming to be a lien creditor or owner of assets in the hands of the trustee, involve important questions under the recording statutes of South Carolina.
On February 6, 1912, Ashepoo Fertilizer Company agreed to sell W. P. Roof 265 tons of fertilizers; the form of contract adopted being a written proposition to Roof setting forth prices and terms, duly accepted by him. The second paragraph of the contract contained this stipulation:
*99“All of tlie said goods sold to you on…
2Cases cited8 opinions
- Ludvigh v. American Woolen Co. of NYSupreme Court of the United States · 1913
- Delassus v. United StatesSupreme Court of the United States · 1835
- Greey v. DockendorffSupreme Court of the United States · 1913
- Earle v. MaxwellSupreme Court of South Carolina · 1910
- Millikin v. Second Nat. Bank of BaltimoreCourt of Appeals for the Fourth Circuit · 1913
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- In Re RosenDistrict Court, D. Maryland · 1928
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