Strauss Bros. v. Wisconsin Trust Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin; Ferdinand A. Geiger, Judge. In the matter of one Lcflys, bankrupt. From an order disallowing as a preferred claim the claim of the Strauss Bros. Company, opposed by the Wisconsin Trust Company, trustee, the claimant appeals. Bankrupt conducted a general department store at Milwaukee, Wis.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin; Ferdinand A. Geiger, Judge. In the matter of one Lcflys, bankrupt. From an order disallowing as a preferred claim the claim of the Strauss Bros. Company, opposed by the Wisconsin Trust Company, trustee, the claimant appeals. Bankrupt conducted a general department store at Milwaukee, Wis. Appellant is engaged in the wholesale liquor business at Chicago, and agreed to stock bankrupt’s liquor department with wines, beverages, etc., under the conditions set out in a contract entered into between the…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). The contract under consideration is one not easy to classify. It indicates *697an intention to secure the advantages and avoid the disadvantages of a conditional sale. In arriving at a proper construction of it, little weight can be given to the frequent allusions therein to the claim that the relation of the parties is that of principal and agent, as against the effect of its terms. The bankrupt was bound to' purchase all of the merchandise not returned as unsalable within one year. While it was provided that the goods and proceeds belonged to appellant, no…
2Cases cited8 opinions
- Chickering v. BastressIllinois Supreme Court · 1889
- John Deere Plow Co. v. McDavidCourt of Appeals for the Eighth Circuit · 1905
- In re GaltCourt of Appeals for the Seventh Circuit · 1903
- Lenz v. HarrisonIllinois Supreme Court · 1893
- In re RabenauDistrict Court, W.D. New York · 1902
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3Cited by5 opinions
- Liebowitz v. VoielloCourt of Appeals for the Second Circuit · 1939
- In Re United States Electrical Supply Co.District Court, S.D. Illinois · 1924
- Union Furniture Co. v. GoetzCourt of Appeals for the Seventh Circuit · 1933
- Endicott Johnson Corp. v. ScottDistrict Court, D. Wyoming · 1959
- Yakima Grocery Co. v. Seattle Ass'n of Credit MenWashington Supreme Court · 1935