Legal Opinion · Dissent
Fowler v. Pennsylvania Tire Co.
Court of Appeals for the Fifth Circuit
Decided January 10, 1964No. 20417Published
1DissentJohn R. Brown, Circuit Judge
(dissenting) .
I agree that ultimately “[t]he outcome of this litigation depends on a determination of who had title to these tires,” that is, whether the tires were the property of the bankrupt. I also agree that a different result obtains .depending on whether the legal relation between the bankrupt and the Pennsylvania Tire Company is that of buyer and seller or consignee and *533■consignor. I cannot agree, however, that in attempting to discover the nature of the relationship we are confined to the 4 corners of the instrument called “POC” Warehouse Agreement. Nor do I think that much is gained…
2Cases cited5 opinions
- Peter T. Ribaudo, Trustee of Visser Plumbing and Heating Co., Inc., Bankrupt v. Citizens National Bank of OrlandoCourt of Appeals for the Fifth Circuit · 1958
- Frank S. Blackford, as Trustee in Bankruptcy of Munro-Van Helms Company v. Commercial Credit CorporationCourt of Appeals for the Fifth Circuit · 1959
- Miami National Bank v. Nelse S. Knudsen, Trustee for Ludman Corporation, BankruptCourt of Appeals for the Fifth Circuit · 1962
- James Talcott, Inc. v. Glenn D. Wilcox, Trustee in Bankruptcy for R. B. Leonard, Inc. And Leonard Window Corporation, BankruptCourt of Appeals for the Fifth Circuit · 1962
- Universal Credit Co. v. FortinberryCourt of Appeals for the Fifth Circuit · 1933