In re Bettman-Johnson Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. In the matter of the bankruptcy of the Bettman-Johnson Company. Intervening petition by Goldman, Sachs & Co., asserting priority by virtue of a trust receipt, under which the petitioner delivered property to the bankrupt. From an order of the District Court, affirming a decision of the referee denying the petition, petitioners appeal.
1Opinion of the Court
SATER, District Judge.
The plaintiffs, Goldman, Sachs & Co., assert by intervention the right, by virtue of the unverified and unfiled trust receipt held by them, to be paid the full purchase price of cherries imported from Italy by the defendant, the Bettman-Johnson Company, now bankrupt, for use in its manufacturing business. The referee, Charles T. Greve, in an exhaustive and learned opinion, denied their claimed right to priority of payment and ruled that, in view of the broad scope of the Ohio conditional sales act (section 8568, Ohio General Code), their position is that of a general…
2Cases cited24 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Walker v. BrownSupreme Court of the United States · 1897
- Board of Com'rs v. StrawnCourt of Appeals for the Sixth Circuit · 1907
- Bryant v. Swofford Bros. Dry Goods Co.Supreme Court of the United States · 1909
- Brennan v. TillinghastCourt of Appeals for the Sixth Circuit · 1913
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- In re American Steel Supply Syndicate, Inc.District Court, E.D. Michigan · 1919
- Industrial Finance Corp. v. CapplemannCourt of Appeals for the Fourth Circuit · 1922
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