Legal Opinion

Chilberg v. Smith

Court of Appeals for the Ninth Circuit

Decided December 6, 1909No. 1,748PublishedCited by 7 opinions

Petition for Revision of an Order and Decree of the District Court of the United States for the Northern Division of the Western District of Washington. In the matter of the American Machine Works, bankrupt. On petition by A. Chilberg to review order of District Court.

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Petition for Revision of an Order and Decree of the District Court of the United States for the Northern Division of the Western District of Washington. In the matter of the American Machine Works, bankrupt. On petition by A. Chilberg to review order of District Court. The petitioner filed in this court his petition for the review of a final order' and decree in bankruptcy, alleging, in substance: That on March 13, 1907,' the Seattle Hardware Company made a conditional sale of certain “channel iron” to the American Machine Works, and on said date delivered the same to the said vendee; that…

1Opinion of the CourtGilbert, Circuit Judge

(after-stating the facts as above). The question presented on the petition is the construction to be placed upon section 4585, Ballinger's Ann. Codes & St. Wash, (section 6547, Pierce’s Code), which provides that;

“All conditional sales of personal property or leases' thereof containing a conditional right to purchase, where the property is placed in the possession of the vendee, shall be absolute as to the purchasers, incumbrancers, and subsequent creditors in good faith, unless within ten days after taking possession by the vendee, a memorandum of such sale, stating its terms and conditions,…

2Cases cited15 opinions

  1. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  2. Chesapeake Shoe Co. v. SeldnerCourt of Appeals for the Fourth Circuit · 1903
  3. Peet v. SpencerSupreme Court of Missouri · 1886
  4. Warner v. JamesonSupreme Court of Iowa · 1879
  5. Hews v. Equitable Life Assur. SocietyCourt of Appeals for the Third Circuit · 1906

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3Cited by7 opinions

  1. Jennings v. SchwartzWashington Supreme Court · 1914
  2. American Multigraph Sales Co. v. JonesWashington Supreme Court · 1910
  3. Castaneda v. National Cash Register Co.Arizona Supreme Court · 1934
  4. Cook v. Washington-Oregon Corp.Washington Supreme Court · 1915
  5. Weber Showcase & Fixture Co. v. WaughDistrict Court, W.D. Washington · 1930

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