Miller Rubber Co. v. Citizens' Trust & Savings Bank

This case presents cross-appeals from the judgment of the District Court, in part confirming and in part rejecting the recommendations made to it by the special master in pursuance of his findings of fact and conclusions of law.

The appeal of the two rubber companies presents the question of the title to certain goods delivered to the bankrupt by the Miller Rub *489 ber Company, a corporation of tlie state of Ohio, under and in pur - suance of a contract dated November 6, 1911, entered into between that company and the bankrupt, Newerf, then doing business as W. D. Newerf Rubber Company; and the appeal of the trustee in bankruptcy involves the question as to the compensation the bankrupt was entitled to under a contract entered into between the Miller Rubber Company, a corporation of California, and the bankrupt, Newerf, of date June 11, 1914, to take effect July 1, 1914, and a supplemental contract between the two last mentioned parties. For the proper disposition of the. appeals, it is therefore necessary to state the substance of the three contracts.

[1] It will he in order to take up first the appeal of the rubber companies, involving the contract of November 6, 1911, to…