Union Furniture Co. v. Goetz

WILKEBSON, District Judge.

The appeal is from an order denying appellant’s petition for reclamation of eertain furniture from appellee. The right to reclaim is asserted under a contract set out below.1

*202The Wayside Stores, party to the eontraet of June 12, 1930, was a partnership. Bankrupt, which was incorporated on June 30, 1930, continued to receive furniture shipped under the contract. The eontraet was not filed for record until October 7, 1932, and the petition in bankruptcy was filed on October 22,1932.

Appellant claims that the eontraet is one of consignment. The referee held that the…