In re Charles T. Stork & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In the matter of Charles T. Stork & Co., Incorporated, bankrupt. On appeal by Samuel D. Reidesdorf and Raymond H. Sarfaty, receivers, from an order of the District Court. Prior to October, 1919, the bankrupt corporation transacted business in New York City (infer alia) by buying for resale abroad many articles of merchandise.
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Appeal from the District Court of the United States for the Southern District of New York. In the matter of Charles T. Stork & Co., Incorporated, bankrupt. On appeal by Samuel D. Reidesdorf and Raymond H. Sarfaty, receivers, from an order of the District Court. Prior to October, 1919, the bankrupt corporation transacted business in New York City (infer alia) by buying for resale abroad many articles of merchandise. In'August of that year the bankrupt requested the American Horseshoe Company, of Thillipslrarg, N. J., to “quote their lowest export price” on a certain quantity of mule shot’s.…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). While the Personal Property Law of New York (Consol. Laws, c. 41) doubtless regulates the rights of parties in respect of stoppage in transit, no special reference to that statute is necessary, because it was thought in argument and seems to us to be but declaratory of settled existing law. The right of stoppage exists only while the goods are in transit; i. e. until they have come into the actual or constructive possession of the buyer or of someone lawfully claiming -under him. Conyers v. Ennis, 2 Mason, 236, Fed. Cas. No. 3,149. As pointed out by us in…
2Cases cited5 opinions
- Seth Spring & Sons v. South Carolina InsuranceSupreme Court of the United States · 1823
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
- Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
- In re M. Burke & Co.District Court, W.D. Pennsylvania · 1905
- In re New York House Furnishing Goods Co.Court of Appeals for the Second Circuit · 1909
3Cited by3 opinions
- Donegal Steel Foundry Co., a Pennsylvania Corporation v. Accurate Products Co., a New Jersey CorporationCourt of Appeals for the Third Circuit · 1975
- United States v. McKayDistrict Court, E.D. Michigan · 1942
- Buenger v. PrudenWyoming Supreme Court · 1986