Legal Opinion

General Electric Co. v. Brower

Court of Appeals for the Ninth Circuit

Decided February 8, 1915No. 2449PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. In the matter of the Andrus-Cushing Lighting Fixture Company, bankrupt. From an order affirming a decision of the referee in favor of C. A. Brower, as trustee in bankruptcy on the claim of title by the General Electric Company to certain property, the Electric Company appeals.

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Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. In the matter of the Andrus-Cushing Lighting Fixture Company, bankrupt. From an order affirming a decision of the referee in favor of C. A. Brower, as trustee in bankruptcy on the claim of title by the General Electric Company to certain property, the Electric Company appeals. On July 8, 1912, the appellant entered into a contract with, the Andrus-Cushing Lighting Fixture Company, a corporation, by which it agreed to consign incandescent lamps…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). It is the contention of the appellee that where goods are delivered by a manufacturer to a seller, and the latter is allowed to place them with his stock of goods, and sell and dispose of them in the ordinary course of business, to manage and control them as other goods, and where he pays all the taxes, cartage, storehouse charges, and all other expenses in connection therewith, and agrees to pay for such goods so disposed of, and there is neither an agreement to return the goods nor an agreement to account for the proceeds of the sale of goods as such,…

2Cases cited8 opinions

  1. Sturm v. BokerSupreme Court of the United States · 1893
  2. Ludvigh v. American Woolen Co. of NYSupreme Court of the United States · 1913
  3. In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
  4. John Deere Plow Co. v. McDavidCourt of Appeals for the Eighth Circuit · 1905
  5. Eilers Music House v. FairbanksWashington Supreme Court · 1914

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3Cited by11 opinions

  1. McCallum v. Bray-Robinson Clothing Co.Court of Appeals for the Sixth Circuit · 1928
  2. In re Warner-Quinlan Co.Court of Appeals for the Second Circuit · 1936
  3. Dryden v. Michigan State IndustriesCourt of Appeals for the Eighth Circuit · 1933
  4. United States v. General Electric Co.District Court, N.D. Ohio · 1925
  5. Miller Rubber Co. v. Citizens' Trust & Savings BankCourt of Appeals for the Ninth Circuit · 1916

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