In re Kruse
District Court, N.D. Iowa
In the matter of John A. Kruse, bankrupt. From an order of the referee, allowing the claim of Western Rock Island Plow Company to certain property in the possession of the trustee, the trustee appeals; and from orders of the referee, denying the respective claims of International Harvester Company and Acme Harvesting Machine Company to certain property in the possession of the trustee, these claimants, respectively, appeal.
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In the matter of John A. Kruse, bankrupt. From an order of the referee, allowing the claim of Western Rock Island Plow Company to certain property in the possession of the trustee, the trustee appeals; and from orders of the referee, denying the respective claims of International Harvester Company and Acme Harvesting Machine Company to certain property in the possession of the trustee, these claimants, respectively, appeal. Submitted on the separate petitions of: First H. W. Bailey, trustee in bankruptcy of said estate, for review of an order of the referee allowing the petition or…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). [1] The contract of conditional sale under which the Western Rock Island Plow Company claims its right to the property was not filed or recorded as required by section 2905 of the Code of Iowa (1897); and the order of the referee, allowing its claim to the property, is based upon the decision of this court in Re Hager, 166 Fed. 972, and the cases there cited. That case, however, arose and was decided prior to the amendment of June 25, 1910, to the Bankruptcy Act, and upon the authority of York Manufacturing Co. v. Cassell, 201 U. S. 344, 26-Sup. Ct. 481, 50…
2Cases cited13 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Sturm v. BokerSupreme Court of the United States · 1893
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Ludvigh v. American Woolen Co. of NYSupreme Court of the United States · 1913
- In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
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3Cited by4 opinions
- Live Stock State Bank v. DoyleCourt of Appeals for the Eighth Circuit · 1923
- In Re Tomlinson & Dye, Inc.District Court, N.D. Oklahoma · 1933
- DeLaval Separator Co. v. JonesSupreme Judicial Court of Maine · 1918
- In re New York & Baltimore Inland Transp. Co.District Court, D. Delaware · 1921