Legal Opinion · Dissent

Fine Fashions, Inc. v. Gross

Court of Appeals for the Third Circuit

Decided June 1, 1961No. 13399Published

1DissentKalodner, Circuit Judge

I would reverse the judgment of the District Court for the reason that its fact-findings that “The true intent of the parties was that Fine Fashions, Inc. would pledge its credit rating to guarantee payment for the cloth and that title would vest in Penn Garment Company”, and “title to the cloth in question was always in Penn Garment Company” are clearly erroneous.

The marital relationship is not established by the circumstance of their engagement but by the covenant of marriage which binds the betrothed together in the holy state of matrimony.

Here the majority, as did the District Court,…

2Cases cited7 opinions

  1. Aquilino v. United StatesSupreme Court of the United States · 1960
  2. United States v. BessSupreme Court of the United States · 1958
  3. Spagnuolo v. BonnetSupreme Court of New Jersey · 1954
  4. Burr v. BloomsburgNew Jersey Court of Chancery · 1927
  5. Riedinger v. Mack Machine Co., C., Inc.New Jersey Court of Chancery · 1934

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