Gage Lumber Co. v. McEldowney
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Kentucky; A. M. J. Cochran, Judge. Proceeding by the Gage Dumber Company against M. T. McEldowney, trustee in bankruptcy of the Clairfield Dumber Company. Decree (194 Fed. 181) for defendant, and complainant appeals.
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Appeal from the District Court of the United States for the Eastern District of Kentucky; A. M. J. Cochran, Judge. Proceeding by the Gage Dumber Company against M. T. McEldowney, trustee in bankruptcy of the Clairfield Dumber Company. Decree (194 Fed. 181) for defendant, and complainant appeals. This appeal presents an issue as to the ownership of two sums of money, one of $7,485.16 and the other of $3,500.47. These sums are the proceeds of sale of certain lumber received by appellant at times and under circumstances which are claimed to differentiate its rights thereto, if, indeed, it is…
1Opinion of the Court
WARRINGTON, Circuit Judge.
[1] The lumber represented by the two sums of money in dispute was admittedly manufactured and placed on sticks—that is, was piled in the yards of the Clairfield Company—prior to the bankruptcy. We agree with the learned trial judge in the conclusion that the title to the lumber did not pass; but we have not been satisfied that this conclusion is determinative of the case. Indeed, we were so strongly impressed with this doubt that we requested counsel for the respective parties to submit briefs, and they have done so, upon the question in substance whether at the…
2Cases cited18 opinions
- York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- Walker v. BrownSupreme Court of the United States · 1897
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Boise v. TalcottCourt of Appeals for the Second Circuit · 1920
- Greif Bros. Cooperage Co. v. MullinixCourt of Appeals for the Eighth Circuit · 1920
- Hinton v. . WilliamsSupreme Court of North Carolina · 1915
- Southern Cotton Oil Co. v. ElliotteCourt of Appeals for the Sixth Circuit · 1914
- Christopher v. DavisCourt of Appeals of Texas · 1926
17 more not listed; retrieve them via the Exa API.