Legal Opinion · Dissent

Verbest v. Michael Yundt Co.

Court of Appeals for the Eighth Circuit

Decided July 19, 1939No. 11404Published

1Dissent

BELL, District Judge (dissenting).

The opinion in this case holds that a conditional sale contract, even though not acknowledged and recorded at the time of the bankruptcy of the vendee as required by the statutes of the state, is good as *482against the trustee in bankruptcy in possession of the property covered by the contract. I cannot subscribe to that principle.

The Court says: “The validity and construction of. the conditional sale contract here involved, as affecting the right of the trustee in bankruptcy, must be determined under the law of the State of Iowa.” Three decisions of the Supreme…

2Cases cited24 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. York Manufacturing Co. v. CassellSupreme Court of the United States · 1906
  3. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  4. Board of Trade of Chicago v. JohnsonSupreme Court of the United States · 1924
  5. Fairbanks Steam Shovel Company v. Wills, Trustee in Bankruptcy of Federal Contracting CompanySupreme Court of the United States · 1915

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