Ex parte Flannagans

HUGHES, District Judge.

The questions to be decided are these, viz.: 1st Were the shipments of this fertilizer under the contract of December (ith, 1S72, a mere consignment on a del credere guarantee, or were they on sale? 2d. If on sale, did the shipments pass the whole property in the fertilizer to the Chamberlaines, or was there a special property reserved constituting in favor of the Flannagans a preferred claim upon the proceeds of the fertilizer in the hands of the Chamberlaines? •

1st It is clear that the contract of December 6th, 1872, did not provide for consignments to the…