Schultz v. Wesco Oil Co.

This is an action instituted by plaintiff as trustee in bankruptcy of one J. H. Hearing, to recover the value of certain merchandise repossessed by defendant from the bankrupt prior to the date of the formal adjudication of bankruptcy.

The facts leading up to the repossession are as follows: In June, 1926, defendant sold to Mr. Hearing, by contract of conditional sale, certain furniture, fixtures, and stock merchandise, the contract being regu larly filed in the office of the auditor of the proper county within ten days from its date. Mr. Hearing was placed in possession of the property, and…