McKey

McKey, trustee in bankruptcy of the estate of Tomlinson-Iiumes, Incorporated, bankrupt, brought suit in equity against E. P. Clark and Eos Angeles Warehouse Company, a corporation, to recover possession of certain valuable Hogarth paintings, alleging that the paintings are part of the assets of the bankrupt estate. Defendants admitted that defendant Clark was in possession and control of the paintings, and alleged that the defendant Eos Angeles Warehouse Company had no right or title in the paintings except as agent and warehouseman for the defendant Clark, but denied that the paintings were any part of the assets of the estate of the bankrupt, and alleged that they belonged to the defendant Clark. There was a trial, which resulted in the dismissal of the bill, and from the order of dismissal the plaintiff has appealed.

The facts are substantially as follows:

Prior to February, 1912, Thomas Myers, of Buffalo, N. Y., owned the paintings. Tomlinson-Humes, of Chicago, was then engaged in the business of selling pictures. During 1911, Myers, the owner of the pictures, and Humes, for Tomlinson-Plumes, entered into a written agreement concerning the pictures. This agreement was not…