Smith v. McKenna Brass Mfg. Co.

BUFFINGTON, Circuit Judge.

This is an appeal by Frederick E. Smith from an order of the District Court in Bankruptcy reversing an order of the referee and granting the petition of appellee, McKenna Brass Manufacturing Company, for reclamation of machinery sold by it, under a valid conditional sales contract, to the Pennsylvania Brewing Company, the bankrupt.

The question involved is whether or not under the facts the appellant’s title to the Brewing Company plant is subject to the lien of the appellee as conditional vendor of the machinery involved.

The machinery is admittedly necessary to the…