Legal Opinion

McKey v. Clark

Court of Appeals for the Ninth Circuit

Decided July 10, 1916No. 2721Published

Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Suit by Frank M. McKey, trustee in bankruptcy of Tomlinson-Humes, Incorporated, bankrupt, against Eli P. Clark and another. Judgment for defendants. Plaintiff appeals.

1Opinion of the Court

HUNT, Circuit Judge.

McKey, trustee in bankruptcy of the estate of Tomlinson-Iiumes, Incorporated, bankrupt, brought suit in equity against E. P. Clark and Eos Angeles Warehouse Company, a corporation, to recover possession of certain valuable Hogarth paintings, alleging that the paintings are part of the assets of the bankrupt estate. Defendants admitted that defendant Clark was in possession and control of the paintings, and alleged that the defendant Eos Angeles Warehouse Company had no right or title in the paintings except as agent and warehouseman for the defendant Clark, but denied that…

2Cases cited4 opinions

  1. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  2. Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
  3. Guss v. NelsonSupreme Court of the United States · 1906
  4. Jetter v. ScollanAppellate Terms of the Supreme Court of New York · 1905

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