Taylor v. Fram
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit by Uouis M. Taylor, as trustee in bankruptcy of Charles Epstein, bankrupt, against Isidor Eram, and others. From a decree for plaintiff (243 Fed. 733), defendants appeal.
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Appeal from the District Court of the United States for the Eastern District of New York. Suit by Uouis M. Taylor, as trustee in bankruptcy of Charles Epstein, bankrupt, against Isidor Eram, and others. From a decree for plaintiff (243 Fed. 733), defendants appeal. This suit is brought by the trustee of the bankrupt to have a certain agreement made between the bankrupt and defendants declared fraudulent and void as against creditors, and that defendants be adjudged to hold in trust certain merchandise delivered to them by the bankrupt, and that they be required to make delivery thereof to the…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The question which this appeal presents makes it necessary for this court to determine what the exact relationship was that existed between the bankrupt and the defendants at the time Charles Epstein was adjudicated a bankrupt. If Epstein was the agent of the defendants, he was a bailee of the. goods of the defendants, and the latter had a right i-to receive them back from him, in the manner they did. In that event we should be obliged to hold that the court below committed reversible error. If, on the other hand, the real relationship was that of vendor…
2Cases cited5 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Ludvigh v. American Woolen Co. of NYSupreme Court of the United States · 1913
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
- Ludvigh v. American Woolen Co.Court of Appeals for the Second Circuit · 1911
- In re SmithDistrict Court, D. Maryland · 1911
3Cited by17 opinions
- Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- In Re KleinCourt of Appeals for the Second Circuit · 1924
- Colorado Milling & Elevator Co. v. GlennDistrict Court, W.D. Kentucky · 1954
- In Re TaylorDistrict Court, E.D. Michigan · 1931
- Liebowitz v. VoielloCourt of Appeals for the Second Circuit · 1939
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