Legal Opinion

In the Matter of Tuscaloosa Veneer Co., Inc. In the Matter of Howell Industries, Inc. Pettibone Mulliken Corporation v. William B. Compton, Receiver

Court of Appeals for the Fifth Circuit

Decided March 2, 1971No. 29852Published

1Opinion of the Court

CLARK, Circuit Judge:

Pettibone Mulliken Corporation, the seller of a machine, appeals from a district court order upholding the denial by the Referee in Bankruptcy of its petition to reclaim the machine from the trustee of a bankrupt buyer. This appeal turns on whether the lien created by a conditional sale contract between the claimant and the buyer was executed out of the State of Mississippi. We determine that it was, and we affirm.

The pertinent facts are undisputed. The president of the now bankrupt buyer, a Florida corporation, signed a conditional sale contract covering the subject…

2Cases cited4 opinions

  1. Hartford Accident & Indemnity Co. v. Delta & Pine Land Co.Supreme Court of the United States · 1934
  2. Hartford Accident & Indemnity Co. v. Delta & Pine Land Co.Mississippi Supreme Court · 1933
  3. Patterson v. Universal Credit Corp.Mississippi Supreme Court · 1948
  4. Clark Equipment Co. v. Poultry Packers, Inc.Mississippi Supreme Court · 1966

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