In re E. Reboulin Fils & Co.

Citations

• 165 F. 245
• 1908 U.S. Dist. LEXIS 157

Syllabus

<p>1. Oabbieks (§ 51*) — Bill of Lading — Construction and Operation — Evidence oe Title.</p> <p>Mere possession of a bill of lading is evidence of title in the bolder, either general or special, to the goods embraced therein, and that the bill is not made nor indorsed to such holder is not material.</p> <p>LKd. Note. — For other cases, see Carriers, Cent. Dig. § 148; Dec. Dig. § 51.*]</p> <p>2. Bankruptcy (S 140*) — Property Passing to Trustee--Property Held as Bailee.</p> <p>Petitioners entered into an arrangement to furnish money to the bankrupt corporation for use in its business of importing fruits in brine, pursuant to which, on a purchase of goods in Franco, the seller made a draft on petitioners’ Paris house and attached thereto an invoice and bill of lading, which, on payment of the draft, were forwarded to petitioners in New York. On arrival of the goods, they and such ¡tapers were delivered to the bankrupt on its execution of a trust receipt, by which it agreed to hold the merchandise described therein on storage as the property of petitioners, with power to sell Uio same and turn over the proceeds to petitioners until the amount of the draft and shipping costs was repaid. HcM. that the title to such goods did not pass to the bankrupt, but remained in petitioners, who were entitled to recover the same, or their proceeds, from the bankrupt’s trustee, who had sold them, on their proper identification.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Ctent. Dig. § 193; Dec. Dig. § 140.*]</p>