In re Pierce
Court of Appeals for the Eighth Circuit
On Petition for Review. The trustee in bankruptcy seeks a revision in matter of law of an order of the District Court confirming an order of the referee directing the trustee to turn over to Deere & Webber Company certain personal property which he received from the bankrupt. The Deere & Webber Company and Carl Spehrer entered into a contract providing that the former should deliver certain implements to the latter for resale. Deliveries were made.
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On Petition for Review. The trustee in bankruptcy seeks a revision in matter of law of an order of the District Court confirming an order of the referee directing the trustee to turn over to Deere & Webber Company certain personal property which he received from the bankrupt. The Deere & Webber Company and Carl Spehrer entered into a contract providing that the former should deliver certain implements to the latter for resale. Deliveries were made. Spehrer was after-wards adjudged bankrupt and a part of the property went from the possession of the bankrupt to that of the trustee. The contract…
1Opinion of the CourtHook, Circuit Judge
(after stating the facts as above). The contract under which the property in controversy was delivered by the Deere & Webber Company to the bankrupt was one of bailment for sale. The title remained in the petitioner. That a trustee in bankruptcy has no greater right or title than the bankrupt had has been so often declared in cases like this and in cases of conditional sale that citations are unnecessary.
It is contended that the company was estopped from asserting its title because its agent petitioned the court of bankruptcy for the appointment of a receiver to take possession of the…
2Cited by8 opinions
- In Re Taxes, Aiea Dairy, Ltd.Hawaii Supreme Court · 1963
- Franklin v. Stoughton Wagon Co.Court of Appeals for the Eighth Circuit · 1909
- General Electric Co. v. BrowerCourt of Appeals for the Ninth Circuit · 1915
- John Deere Plow Co. v. HamiltonCourt of Appeals for the Seventh Circuit · 1927
- In re ThomasDistrict Court, S.D. Georgia · 1916
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