In re K. Marks & Co.
Court of Appeals for the Second Circuit
Petition to Revise and Appeal from the District Court of the United States for the Southern District of New York. On appeal from a final order and decree of the District Court for the Southern District of New York entered May 15, 1913, confirming the report of the special master in reclamation proceedings instituted by the Hecker-Jones-Jewell Milling Company to reclaim property alleged to be owned by the said petitioner which was in the possession of the receiver of the…
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Petition to Revise and Appeal from the District Court of the United States for the Southern District of New York. On appeal from a final order and decree of the District Court for the Southern District of New York entered May 15, 1913, confirming the report of the special master in reclamation proceedings instituted by the Hecker-Jones-Jewell Milling Company to reclaim property alleged to be owned by the said petitioner which was in the possession of the receiver of the bankrupts. The property consisted of 725 sacks of flour. The receiver, having been appointed trustee, appeals to this court.
1Opinion of the Court
COXE, Circuit Judge.
[1] The law is well settled that when a party, being insolvent, induces another to sell him goods on credit which he does not intend to pay for, the court may order the contract disaffirm-ed and restore the property.
[2] The special master points out the three propositions which the claimant must establish before he can rescind the contract and recover the goods: First. The insolvency of the bankrupts at the time the purchase was made. Second. The concealment from the claimant of the fact of insolvency. Third. Intention on the part of the bankrupts, at ■the time of the…
2Cases cited2 opinions
- Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
- In re Sol. Aarons & Co.Court of Appeals for the Second Circuit · 1912
3Cited by11 opinions
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- In Re WeissmanCourt of Appeals for the Second Circuit · 1927
- California Conserving Co. v. D'AVANZOCourt of Appeals for the Second Circuit · 1933
- Atlantic Steamer Supply Company v. the SS TradewindDistrict Court, D. Maryland · 1957
- In re New York Commercial Co.Court of Appeals for the Second Circuit · 1915
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