Story & Clark Piano Co. v. Holmes
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Western District of Wisconsin. Petition in equity in the nature of bill to quiet title by Arthur T. Holmes, trustee in bankruptcy of Earl J. Mahoney, bankrupt, against the Story & Clark Piano Company. From decree for complainant, defendant appeals.
1Opinion of the Court
BAKER, Circuit Judge.
Appellant, at Milwaukee, Wis., delivered a piano to Mahoney, who at the same time signed a conditional sale contract. One Mitchell, who in fact was a sales agent of appellant, joined in signing the instrument, but only personally, not describing himself as agent of appellant; and appellant did not otherwise execute the written contract. When three monthly installments had become due and remained unpaid, Mahoney informed appellant that he was unable to make the payments and advised appellant to come and take possession of the piano under the provision in the contract to…
2Cases cited9 opinions
- Murphy v. John Hofman Co.Supreme Court of the United States · 1909
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Rathman v. BoothCourt of Appeals for the Eighth Circuit · 1910
- In re EppsteinCourt of Appeals for the Eighth Circuit · 1907
- Nauman Co. v. BradshawCourt of Appeals for the Eighth Circuit · 1912
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3Cited by4 opinions
- Clements v. ConyersCourt of Appeals for the Seventh Circuit · 1928
- Federal Facilities Realty Trust v. KulpCourt of Appeals for the Seventh Circuit · 1955
- In Re Rodgers & Garrett Timber Co.District Court, D. Maryland · 1927
- Darrow v. KulpCourt of Appeals for the Seventh Circuit · 1955