Legal Opinion

In re Reynolds

District Court, E.D. Kentucky

Decided December 15, 1912PublishedCited by 5 opinions

In Bankruptcy. In the matter of bankruptcy proceedings of T. P. Reynolds. Ou petition to review a referee’s order in favor of the Bird-sell Manufacturing Company to reclaim certain goods in the possession of the bankrupt.

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In Bankruptcy. In the matter of bankruptcy proceedings of T. P. Reynolds. Ou petition to review a referee’s order in favor of the Bird-sell Manufacturing Company to reclaim certain goods in the possession of the bankrupt. The following is a copy of the contract referred to in the opinion: Birdsell Manufacturing Company, of South Bend, St. Joseph county, Indiana, hereinafter designated as “Company,” and T. F. Reynolds of Cynthia ua, in the county of Harrison, state of Kentucky, hereinafter designated as “Agent” hereby agree as follows: First. Said Company hereby grants said Agent the privilege…

1Opinion of the Court

COCHRAN, District Judge.

This cause is before me on petition for review filed by the Birdsell Manufacturing Company, complaining of an order of the referee denying its petition, whereby it asserted ownership to certain property in the possession of the trustee. Its right thereto depends on the nature of its contract with the bankrupt under which the unsold property in the possession of the trustee and claimed by it was delivered to'him. Was it a bailment for sale or a conditional sale? If a conditional sale, it was a mortgage, and, not having been recorded, the trustee takes precedence over it…

2Cases cited6 opinions

  1. Sturm v. BokerSupreme Court of the United States · 1893
  2. In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
  3. John Deere Plow Co. v. McDavidCourt of Appeals for the Eighth Circuit · 1905
  4. In re GaltCourt of Appeals for the Seventh Circuit · 1903
  5. In re PierceCourt of Appeals for the Eighth Circuit · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Mitchell Wagon Co. v. PooleCourt of Appeals for the Sixth Circuit · 1916
  2. In re ThomasDistrict Court, S.D. Georgia · 1916
  3. In re National Home & Hotel Supply Co.District Court, E.D. Michigan · 1915
  4. In re Caldwell Machinery Co.District Court, W.D. Washington · 1914
  5. In Re Draughn & Steele Motor Co.District Court, E.D. Kentucky · 1931

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