Legal Opinion

Brockway Motor Truck Corp. v. Friedman

Court of Appeals for the Third Circuit

Decided September 23, 1932No. 4880PublishedCited by 1 opinion

1Opinion of the Court

BUFFINGTON, Circuit Judge.

This is another of the constantly recurring questions of whether machinery, etc., in the possession of a bankrupt was held by bailment or conditional sale. Necessarily each case turns on its particular facts and the instrument under which 'it is held and whether they constituted a bailment or a conditional sale.

Tho facts and a discussion of the, writing here involved are fully set forth in the opinion of the referee (1 F. Supp. 531), and by reference thereto we avoid needless repetition. The referee therein held there was no bailment. On certificate, the court below…

2Cases cited1 opinion

  1. In re Heintz-Merkle & Co.District Court, E.D. Pennsylvania · 1932

3Cited by1 opinion

  1. Commercial Inv. Trust Co. v. MinonCourt of Appeals for the Third Circuit · 1939

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