Legal Opinion

Corbitt Buggy Co. v. Ricaud

Court of Appeals for the Fourth Circuit

Decided February 15, 1909No. 859Published

Appeal from the District Court of the United States for the Eastern District of North Carolina, at Wilmington. This is an appeal from a decision and judgment of the District Court in a proceeding in bankruptcy affirming the findings of fact and conclusions of law of George H. Howell, Esq., one of the referees in bankruptcy.

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Appeal from the District Court of the United States for the Eastern District of North Carolina, at Wilmington. This is an appeal from a decision and judgment of the District Court in a proceeding in bankruptcy affirming the findings of fact and conclusions of law of George H. Howell, Esq., one of the referees in bankruptcy. The controversy arises on a petition of the Corbitt Buggy Company against A. G. Ricaud, who had been duly appointed trustee of John L. James, bankrupt, seeking to recover from said trustee 22 buggies, or their proceeds, which had been delivered by the Corbitt Buggy Company…

1Opinion of the CourtPritchard, Circuit Judge

(after stating the facts as above). In disposing of the case of the Walter A. Wood Company v. Eubanks, Trustee of Implement & Supply Company (decided at this term of the court) 169 Fed. 929, we considered and passed upon every material point involved in this controversy, and therefore do not deem it necessary to enter into a discussion of those matters which have already been determined.

The contract relied upon in this instance is not, in our opinion, a conditional sale, therefore it does not come within that class of instruments required by the North Carolina statute to be registered. It…

2Cases cited2 opinions

  1. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  2. Walter A. Wood Co. v. EubanksCourt of Appeals for the Fourth Circuit · 1909

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