In re Hooven-Owens-Rentschler Co.

Citations

• 195 F. 424
• 115 C.C.A. 326
• 1912 U.S. App. LEXIS 1387

Syllabus

<p>Bankruptcy (§ 212*)—Petition eor Reclamation op Property—Power of Court to Impose Equitable Conditions.</p> <p>Petitioner sold an engine to a purchaser in Michigan, receiving part payment and retaining title to secure the remainder due. Before further payment the purchaser became bankrupt. Under the law of Michigan, petitioner under its contract could maintain replevin for the engine, but was also subject to an action by the purchaser to recover the payment made, less proper allowance for use and deterioration. Petitioner filed a petition in the bankruptcy court for an order directing the trustee to pay the balance due or to surrender the engine or for ’‘such other and further relief in the premises as may seem meet.” Held, that the court had power in' the exercise of its equitable jurisdiction so invoked to require petitioner as a condition to the return of the engine to repay to the trustee the payment received thereon, less a proper deduction for the expense and for deterioration.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 236; Dee. Dig. § 212.*]</p>