Brown v. Universal C.I.T. Credit Corp.

KILEY, Circuit Judge.

Plaintiff-trustee brought this reclamation suit to recover a chattel repossessed from his bankrupt by defendant. The district court dismissed the complaint on the ground that it failed to state a claim upon which relief could be granted. Rule 12(b) (6), Fed.R.Civ.P. We think the court erred.

The South Bend Truck Company, defendant’s assignor, sold the chattel to Theodore Schulz under an Indiana conditional sales contract, executed in Indiana. The contract showed Schulz’ post office address was New Buffalo, Michigan. Schulz defaulted in payments, and the chattel was…