Erickson

Seaboard Dairy Credit Corp. v. Erickson

Good Law
41 F.2d 726·1930 U.S. App. LEXIS 2894
United States Court of Appeals for the Ninth CircuitMay 26, 1930No. 6081California1,563 words

Opinion

Lead Opinion

Dietrich, J.

This is an appeal from an order in bankruptcy affirming an order of the referee by which it was declared certain personal property belonged to the bankrupt estate. By a stipulation it was made to appear that at the time of adjudication, June 20, 1929, the *727 bankrupt, Faber, had in his dairy herd six cows which he had purchased from one Lassalle under a conditional sales contract dated December 14, 1928. The cows were delivered to Faber on that day, and remained in his possession until they came into the hands of the appellee as trustee. The total purchase price was $1,065, of which amount $575 remained unpaid at the date of adjudication, and shortly after the transaction took place Lassalle assigned to appellant, Seaboard Dairy Credit Corporation, the contract, together with all of his interest in the property covered thereby. By the referee and the lower court it was found that the filing of the instrument for record on December 26, 1928, twelve days after it was executed, was not within a reasonable time, and the correctness of this finding is not now challenged.

It is agreed that the effect of such delay is to be adjudged under the California statutes, the only applicable…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.