Moore

Allis-Chalmers Mfg. Co. v. Moore

Good Law
31 F.2d 50·1929 U.S. App. LEXIS 3388
United States Court of Appeals for the Ninth CircuitFebruary 25, 1929No. 5644California1,174 words

Opinion

Lead Opinion

Bean, J.

This is a proceeding by the Allis-Chalmers Manufacturing Company to recover possession or impress an equitable lien on the assets of the bankrupt firm of Hollins & Arrousez Electric & Engineering Company.

Por some time prior to September 22, 1926, the bankrupt had been engaged in the business of manufacturing, buying, selling, and renting electrical machines and equipment, and in the production and sale of moving pictures. On September 22, 1926, they made a general assignment for the benefit of creditors, and were adjudged bankrupts on January 24, 1927. Por some time prior to the assignment they had been buying electrical machines of the petitioner, and, after making certain additions thereto, reselling them to the general public. There are six sets of such machines or appliances involved in this controversy. Pive of them were sold by the petitioner to the bankrupt at divers times between December 28, 1925, and May 2,1926, on conditional sales contracts, by the terms of which the vendor retained the title until the evidence of indebtedness given in part payment was paid in full. The other set, referred to in the record as the Cohn set, was shipped by the petitioner from its…

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