Shook v. Levi
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Ben. F. Bledsoe, Judge. In the matter of the bankruptcy of the Farmers’ Dairy Association. Proceeding by A. Levi against A. M. Shook, trustee in bankruptcy, to require the return of property.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Ben. F. Bledsoe, Judge. In the matter of the bankruptcy of the Farmers’ Dairy Association. Proceeding by A. Levi against A. M. Shook, trustee in bankruptcy, to require the return of property. From an order and judgment of the District Court (234 Fed. 118), on petition for review of the order of the referee, directing the return of the same, the trustee appeals. Tlie appellant is trustee of the Farmers’ Dairy Association, a bankrupt. As such trustee he came into possession of…
1Opinion of the Court
WOLVERTON, District Judge.
[1] The question presented is largely one of fact. A brief statement of the evidence is to be found in the record, and from this it must be determined whether the alleged sale was absolute or conditional only. Manifestly the horses were contracted to be sold to the dairy association by piecemeal; that is to say, two at one time, two at another, and the remaining five at still another. The principal negotiations seem to have been had between the appellee and N. J. Peavy, who was president of the association, and as the evidence indicates was at certain times during'…
2Cases cited5 opinions
- Van Allen v. FrancisCalifornia Supreme Court · 1899
- Perkins v. MettlerCalifornia Supreme Court · 1899
- Meier & Frank Co. v. SabinCourt of Appeals for the Ninth Circuit · 1914
- In re Leeds Woolen MillsDistrict Court, W.D. Tennessee · 1904
- Wise v. CollinsCalifornia Supreme Court · 1898
3Cited by3 opinions
- Bolling v. BowenCourt of Appeals for the Fourth Circuit · 1941
- Weekley v. Oil Well Supply Co.Court of Appeals for the Fourth Circuit · 1926
- Siskin v. DembroffCalifornia Court of Appeal · 1932