Osborn

Osborn v. Ketcham & Rothschild, Inc.

Good Law
53 F.2d 834·1931 U.S. App. LEXIS 2766
United States Court of Appeals for the Ninth CircuitNovember 9, 1931No. 6535California3,766 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal by the trustee in bankruptcy from a turnover order of the trial court requiring the delivery to appellees and cross-appellants of certain furniture alleged to have been owned by them and held by the bankrupt upon consignment. The trial court, however, declined to direct the trustee to turn over to tho appellees the proceeds of the sale of other furniture similarly owned by them and held in the same manner at the time the bankruptcy proceedings were instituted, which was sold by the receiver in bankruptcy under an agreement that the disposition of the proceeds of the sale should await the determination of the court. From this portion of the order, tho claimants take a cross-appeal. As there is substantially no dispute in the testimony, it is unnecessary to state the facts in detail. It is sufficient to say that each of the appellees and cross-appellants was a manufacturer of furniture, and the bankrupt was a retail dealer in furniture, and that a large amount of indebtedness had been incurred by the bankrupt for furniture sold to it by each of the appellees. A part of this indebtedness ($15,000) to appellee Ketcham & Rothschild was by agreement treated as a frozen…

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