Legal Opinion

York Mfg. Co. v. Brewster

Court of Appeals for the Fifth Circuit

Decided December 7, 1909No. 1,831PublishedCited by 10 opinions

Appeal from the District Court of the United States for the Southern District of Texas. In tlie matter of the Home Ice Company, bankrupt. Appeal by the York Manufacturing" Company from an order confirming a report of the" referee.

1Opinion of the Court

SHELBY, Circuit Judge.

The ultimate question to be decided here is whether the appellant or the appellee has the title and ownership of certain ice-making machinery, the subject of the suit.

Tlie appellant claims title as tlie original owner, who sold it to W. O. Drake & Co. and retained the title till the purchase money was paid. Tlie appellee claims title as bona fide purchaser from the Home Ice Company, Drake & Co. having passed the machinery on to the Ice Company; and he also claims as purchaser at a judicial sale, it having been sold as a part of the ice plant of the Home Ice Company,…

2Cases cited4 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Harkness v. RussellSupreme Court of the United States · 1886
  3. In re Great Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1907
  4. Davis Improved Wrought Iron Wagon Wheel Co. v. Davis Wrought Iron Wagon Co.U.S. Circuit Court for the District of Northern New York · 1884

3Cited by10 opinions

  1. United States v. Beaver Run Coal Co.Court of Appeals for the Third Circuit · 1938
  2. Panhandle Telephone & Telegraph Co. v. Kellogg Switchboard & Supply Co.Court of Appeals of Texas · 1910
  3. Ziemer v. C. G. Bretting Manufacturing Co.Wisconsin Supreme Court · 1911
  4. Carter v. BogdenCourt of Appeals for the Eighth Circuit · 1926
  5. Commissioners of Lewes v. Breakwater Fisheries Co.Court of Chancery of Delaware · 1922

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