Heller v. Journal Co.

KERNER, Circuit Judge.

Appellee, The Journal Company, filed a verified petition to recover possession of a motor generator set. The referee was of the opinion that the delivery of the generator by appellee to the bankrupt was a consignment for the purpose of sale within the meaning of § 241.26, Wisconsin Statutes 1945, and that the title to the generator was in the bankrupt. The District Court, on a certificate of review, held that the delivery of the generator was not for sale or consignment, and reversed the referee. From this order, the trustee in 'bankruptcy appeals.

It is not claimed that…