American Bankruptcy Reports Volume 31

American Bankruptcy Reports Volume 31

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... the goods unsold, and that the trustee in bankruptcy of the selling agent had no right to recover the value of unsold goods retiaken by the woolen company. Appeal from a decree of the United States Circuit Court of Appeals for the Second Circuit reversing a decree of the District Court for the Southern District of New York. Abram I. Elkus and Garrard Glenn, for appellant. Daniel P. Hays and Edwin D. Hays, for appellees. C 1Afiirming decree of Circuit Court of Appeals which reversed 19 Am. B. R. 795. Mr. Justice DAY delivered the opinion of the court: This was a suit in the District Court of the United States for the Southern District of New York by Ludvigh, as trutsee in bankruptcy of the firm of Philip Horowitz & Son, to set aside as fraudulent certain transactions of the bankrupts with the American Woolen Company of New York (which we will call the " Woolen Company "), and to recover for goods taken from the bankrupts by the Woolen Company prior to the institution of proceedings in bankruptcy. The District Court held in favor of the trustee and sustained his right to recover the value of the goods so taken (19 Am. B. R. 795, 176 Fed. 1&5). Upon appeal to the Circuit Court of Appeals for the Second Circuit the judgment of the District Court was reversed (110 C. C. A. 180, 188 Fed. 30), and the case is here upon appeal. The facts as found by both courts are very little in dispute. It appears that Horowitz & Son, the bankrupts, had had a contract in writing with the Woolen Company which expired on December 1, 1902, whereby goods were to be consigned to Horowitz & Son, the title to the merchandise or its proceeds to remain in the Woolen Company until fully accounted for, all bills of such consigned goods to more

Product details

  • Paperback | 388 pages
  • 189 x 246 x 20mm | 689g
  • United States
  • English
  • black & white illustrations
  • 1236836758
  • 9781236836755