In re Wells
District Court, M.D. Pennsylvania
In Bankruptcy. Sur petition of New London Wash Silk Company for reclamation of certain property.
1Opinion of the Court
ARCHBARD, District Judge.
There is no particular magic in the term “consigned” or “consigned account.” In a sense all goods shipped to another are consigned to him. The question is what was the inherent character of the transaction, which depends upon the purpose of it. Were the .goods put in the hands of the one party by the other, to b¿ sold for him and on his account, creating the relation of principal and factor; or were they turned over to such party, to be treated and disposed of as his own, being responsible to the other simply for the price ? In the one case we have a trust or…
2Cases cited8 opinions
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Keystone Watch Case Co. v. Fourth Street National BankSupreme Court of Pennsylvania · 1900
- M'Cullough v. PorterSupreme Court of Pennsylvania · 1842
- Peek v. HeimSupreme Court of Pennsylvania · 1889
- Thompson v. Paret & Co.Supreme Court of Pennsylvania · 1880
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3Cited by15 opinions
- D. M. Ferry & Co. v. HallSupreme Court of Alabama · 1914
- Marrinan Medical Supply, Inc. v. Ft. Dodge Serum Co.Court of Appeals for the Eighth Circuit · 1931
- Students Book Company v. Washington Law Book CompanyCourt of Appeals for the D.C. Circuit · 1956
- Forbes v. Mid-Northern Oil Co.Montana Supreme Court · 1935
- Colorado Milling & Elevator Co. v. GlennDistrict Court, W.D. Kentucky · 1954
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