Legal Opinion
Fowler v. Pennsylvania Tire Co.
Court of Appeals for the Fifth Circuit
Decided January 10, 1964No. 20417PublishedCited by 19 opinions
1Opinion of the Court
SIMPSON, District Judge.
This is an appeal by the trustee in bankruptcy from a judgment1 of the District Court reversing an Order2 of the referee in bankruptcy denying the peti*528tion for reclamation as filed by the appellee, Pennsylvania Tire Company. The question for decision is whether the agreement by which the appellee delivered its tires to the appellant-bankrupt for resale was a consignment for sale or an absolute sale with a right of return.
On May 27, 1960, Pennsylvania Tire Company and Jeff Martin, Jr. d/b/a Martin’s DX, Manly’s Associates, Manly’s and Martin’s Tire & Appliance Co.,…
2Cases cited16 opinions
- Jaffke v. DunhamSupreme Court of the United States · 1957
- Ludvigh v. American Woolen Co. of NYSupreme Court of the United States · 1913
- Arnold v. PhillipsCourt of Appeals for the Fifth Circuit · 1941
- Ross & Sensibaugh v. McLellandCourt of Appeals of Texas · 1953
- Samson Tire & Rubber Co. v. EgglestonCourt of Appeals for the Fifth Circuit · 1930
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Malone v. Microdyne Corp.Court of Appeals for the Fourth Circuit · 1994
- Donald H. Rumsfeld, Secretary of Defense v. United Technologies Corporation, Pratt & WhitneyCourt of Appeals for the Federal Circuit · 2003
- Alsop v. Alaska (In Re Alsop)United States Bankruptcy Court, D. Alaska · 1981
- In Re Sitkin Smelting and Refining, Inc. Eastman Kodak Company v. G. M. Harrison, Trustee and C. I. T. CorporationCourt of Appeals for the Fifth Circuit · 1981
- Salem v. Lawrence Lynch Corp. (In Re Farrell & Howard Auctioneers, Inc.)United States Bankruptcy Court, D. Massachusetts · 1994
14 more not listed; retrieve them via the Exa API.