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· 5/7/1910

In re C. K. Hutchins Co.

Citations

  • 179 F. 864
  • 1910 U.S. Dist. LEXIS 300

Syllabus

<p>1. Bankruptcy (§ 228*) — Report of Referee — Conclusiveness.</p> <p>A referee's report, on conflicting evidence, in favor of a creditor, on an issue as to whether a sale of machinery to a bankrupt was absolute or conditional, will be affirmed, in the absence of a clear showing that it ■ was erroneous.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 199; Dec. Dig. § 228.*]</p> <p>2. Bankruptcy (§ 140*) — Conditional Sale Contract — Ownership of Goods.</p> <p>Where there was an understanding, at the time certain machinery was delivered to the bankrupt, that it should be incumbered by a conditional sale contract, the seller’s rights were not affected by the fact that the conditional contract was not signed until six months after the machinery was delivered, or that the sale was pursuant to a secret understanding between the parties.</p> <p>[Ed. Note. — For other eases, see Bankruptcy, Cent. Dig. § 199; Dec. Dig. § 140.*]</p>

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  • generally opposing counterclaims against plaintiff class

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Judges: Hazel

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