McDonnell v. Bank of China

RUDKIN, Circuit Judge.

August 1, 1927, R. T. McDonnell became the assignee of American Overseas Warehouse Company, Inc., an insolvent American corporation, which had theretofore conducted a warehouse business at Tientsin, China. When the assignee assumed charge of the warehouse, he found therein 91,666 bags of flour in one Common unsegregated mass, without marks, except the brands on the bags, and without anything to indicate that any portion of the flour belonged to any particular person. He further discovered that against this quantity of flour there were outstanding warehouse and other…