In re Allen
District Court, E.D. Arkansas
In the matter of John Q. Allen, bankrupt. On review of order of referee sustaining the petition of the Heim Brewery Company to reclaim property. The Heim Brewery Company filed its intervention for a number of casks and cases containing empty beer bottles in the possession of the trustee of the estate of the bankrupt, claiming to be the owner thereof and entitled to the immediate possession. The claim is based upon the following contract: “Contract.
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In the matter of John Q. Allen, bankrupt. On review of order of referee sustaining the petition of the Heim Brewery Company to reclaim property. The Heim Brewery Company filed its intervention for a number of casks and cases containing empty beer bottles in the possession of the trustee of the estate of the bankrupt, claiming to be the owner thereof and entitled to the immediate possession. The claim is based upon the following contract: “Contract. “Little Rock, Ark., April 22, 1910. “This contract is entered into on this date between the Heim Brewery of Kansas City, Mo., and Allen &…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). On behalf of the intervener, it is claimed that, until the articles claimed are paid for by the vendee, it is merely a bailment, and he is entitled to a return of them, or, at most, that it was an option to purchase. On the other hand, it is claimed on the part of the trustee that it was1 a contract of "sale and return.”
A.“bailment” is properly defined as being a delivery of goods in' trust upon a contract, express or implied, that the trust shall be duly executed and the goods restored by the bailee as soon as the purpose of ,the:báilment shall be served,…
2Cases cited9 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Heryford v. DavisSupreme Court of the United States · 1880
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Guss v. NelsonSupreme Court of the United States · 1906
- Westcott v. . ThompsonNew York Court of Appeals · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Goebel Brewing Co. v. State Board of Tax AdministrationMichigan Supreme Court · 1943
- Crown Beverages Inc. v. BuscagliaSupreme Court of Puerto Rico · 1946
- In re H. & H. Beverages, Inc.District Court, W.D. New York · 1942
- Crown Beverages, Inc. v. BuscagliaSupreme Court of Puerto Rico · 1946