Legal Opinion

Owens v. William H. Banks Warehouses, Inc.

Court of Appeals for the Fifth Circuit

Decided April 8, 1953No. 14043PublishedCited by 14 opinions

1Opinion of the Court

RUSSELL, Circuit Judge.

On July 2, 1947, William H. Banks Warehouses, Inc. and Mallory Canning Company, Inc., of Grapeland, Texas, entered into a contract, under which they operated, as described by the Court 1 below, in the following manner:

“Usually merchandise is pledged either by chattel mortgage or warehouse receipt. Normally, in order to get a bonded warehouse receipt, the merchandise is stored in a public warehouse. This is expensive, so Banks, a warehousing concern, usually takes a lease on the building where the merchandise is stored, takes possession of the building, posts signs and…

2Cases cited2 opinions

  1. Marx & Blum v. Luling Co-Operative Ass'nCourt of Appeals of Texas · 1897
  2. First State Bank of Denton v. Smoot-Curtis Co.Court of Appeals of Texas · 1938

3Cited by14 opinions

  1. Taylor-Made Hose, Inc. v. Wilkerson, Texas Court of Appeals, 4th District (San Antonio)2000
  2. Gulf & Basco Co. v. Buchanan, Texas Court of Appeals, 1st District (Houston)1986
  3. American Petrofina Company of Texas v. BryanCourt of Appeals of Texas · 1975
  4. Citizens National Bank of Orlando and West Construction Company v. K. H. VittCourt of Appeals for the Fifth Circuit · 1966
  5. United States v. Wallace & Wallace Fuel Oil Co.District Court, S.D. New York · 1982

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