Ely & Walker Dry Goods Co. v. Adams Mfg. Co.

CLARK, Circuit Judge.

The creditor here appeals from the denial by the bankruptcy referee, affirmed by the District Court, of its petition for an order either directing the bankruptcy trustee to turn over to it goods for which it had paid in advance, and which the bankrupt was to manufacture for it, or declaring merchandise in the possession of the trustee subject to an equitable lien for $2,163.04, the value of the goods promised to it, but undelivered, by the bankrupt. The referee and the court decided adversely to the creditor, on the grounds that the goods were not ascertained and…