In re Edwards

Russell V. Edwards, doing business as the R & H Battery Co., was adjudged a bankrupt on a voluntary petition filed April 19, 1956, and received his discharge on October 9, 1956. The petitioner, Nic-L-Silver Battery Co., a supplier of the bankrupt’s, delivered batteries on an open account and also pursuant to a series of consignment contracts. Petitioner asserts that certain batteries found in the bankrupt’s possession were those which had been delivered on consignment and thus remained the property of petitioner, whereas the trustee declares that there was a loss of identity of the goods which resulted in title passing to the trustee, and that petitioner may share in the assets of the estate as a general creditor only.

Referee Hughes of this Court sustained the trustee’s position in a turnover order dated May 14, 1957, whereupon petitioner filed its petition for review (Bankr.Act, § 39, sub. c, 11 U.S.C.A. § 67 , sub. c). The referee certified his records and findings to this Court (Bankr. Act, § 39, sub. a(8)), whose jurisdiction is found in § 2, sub. a(10) of the Bankruptcy Act, 11 U.S.C.A. § 11 , sub. a(10).

The petition for review presents an ollapodrida of allegations which…