Legal Opinion

M. W. O'rieley, Trustee in Bankruptcy of Woerderhoff Shoe Co., Inc. v. Endicott-Johnson Corporation

Court of Appeals for the Eighth Circuit

Decided November 30, 1961No. 16573_1PublishedCited by 42 opinions

1Opinion of the Court

BLACKMUN, Circuit Judge.

This appeal involves a reclamation petition filed by Endieott-Johnson Corporation for shoes sold and delivered to Woerderhoff Shoe Co., Inc., prior to the latter’s bankruptcy. Woerderhoff filed a voluntary petition in bankruptcy on November 17, 1958, and included Endieott in its list of unsecured creditors. It was adjudged bankrupt two days later. The present petition alleges the rescission of the shoe sales as of November 14 and the surrender of the shoes by the bankrupt to Endicott. By agreement of the parties, the merchandise has been sold and the proceeds are now…

2Cases cited66 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Commissioner v. DubersteinSupreme Court of the United States · 1960
  3. United States v. WunderlichSupreme Court of the United States · 1951
  4. Pendergrass v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1950
  5. Morimura, Arai & Co. v. TabackSupreme Court of the United States · 1929

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3Cited by42 opinions

  1. Gottlieb v. BarryCourt of Appeals for the Tenth Circuit · 1994
  2. Esteban v. Central Missouri State CollegeCourt of Appeals for the Eighth Circuit · 1969
  3. Irene A. Janzen, Administratrix of the Estate of Waldo R. Janzen, Deceased v. Wilber W. Goos and Ivan GottulaCourt of Appeals for the Eighth Circuit · 1962
  4. The First National Bank of Clinton v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motor Company, BankruptCourt of Appeals for the First Circuit · 1967
  5. The Farmers Bank of Clinton, Missouri v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motorcompany, BankruptCourt of Appeals for the Eighth Circuit · 1967

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