Legal Opinion

In re Stoughton Wagon Co.

Court of Appeals for the Sixth Circuit

Decided April 4, 1916No. 2723PublishedCited by 6 opinions

Petition for Revision of Proceedings of the District Court of the United States for the Eastern District of Michigan, in Bankruptcy; Arthur J. Tuttle, Judge. Proceeding in bankruptcy against Fred C. Booth and another. Petition by the Stoughton Wagon Company for reclamation of certain property in the possession of the trustee in bankruptcy was denied by the referee, and his order affirmed by the District Judge, and the petitioner petitions to revise.

1Opinion of the Court

KNAPPEN, Circuit Judge.

Petition for reclamation of certain lumber wagons and wagon seats sold by petitioner to the bankrupts, and which passed into the possession of their trustee in bankruptcy while the purchase price was wholly unpaid.

The petitioner’s right to reclaim depends upon whether, as claimed by petitioner, the sale was a conditional one, with title reserved in the vendor until payment of the purchase price, or whether it was an absolute sale with attempt to reserve a lien for the purchase price, required by the Michigan statute to be filed, and so invalid as against the trustee in…

2Cases cited6 opinions

  1. Holt v. HenleySupreme Court of the United States · 1914
  2. Bryant v. Swofford Bros. Dry Goods Co.Supreme Court of the United States · 1909
  3. Ludvigh v. American Woolen Co. of NYSupreme Court of the United States · 1913
  4. John Deere Plow Co. v. MowryCourt of Appeals for the Sixth Circuit · 1915
  5. Mishawaka Woolen Mfg. Co. v. WestveerCourt of Appeals for the Sixth Circuit · 1911

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3Cited by6 opinions

  1. In re American Steel Supply Syndicate, Inc.District Court, E.D. Michigan · 1919
  2. Mitchell Wagon Co. v. PooleCourt of Appeals for the Sixth Circuit · 1916
  3. Ford Motor Co. v. Union Motor Sales Co.Court of Appeals for the Sixth Circuit · 1917
  4. Walter A. Wood Mowing & Reaping Mach. Co. v. CrollCourt of Appeals for the Sixth Circuit · 1916
  5. In re NaderDistrict Court, E.D. Michigan · 1921

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