MATTER OF CHARLES M. INGERSOLL COMPANY
Decision Date | 26 April 1955 |
Docket Number | No. 12282.,12282. |
Citation | 222 F.2d 120 |
Parties | In the Matter of The CHARLES M. INGERSOLL COMPANY, Bankrupt. Ralph H. COLEMAN, Trustee, Appellant, v. JOHN DEERE PLOW COMPANY OF COLUMBUS, Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
Wells & Marks, Cleveland, Ohio, Carson & Roderick, Akron, Ohio, for appellant.
Gardner & Spilka, Cleveland, Ohio, for appellee.
Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.
This case came on to be heard upon the record and briefs and oral argument of counsel;
And it appearing that the conditional sales contracts involved reserved title in the seller until payment was made for "every article" of goods to be delivered;
And it appearing that sales might be made by the dealer in the ordinary course of retail business ;
And it appearing that the provision in the said contracts for accounting were carried out regularly each month by the parties, together with a physical check of inventory;
And it appearing that the referee in bankruptcy held that the conditional sales contracts involved were properly executed and properly recorded in the county in which the conditional vendee resides, that the affidavits of the conditional sales contracts complied with the requirements of Ohio Revised Code, Sec. 1319.11 and that the description of the goods covered by the conditional sales contracts, which contained an itemized list of all goods described by type and model number and purported to cover all sales of goods of the special make, sufficiently identified the goods under Ohio law;
And it appearing that the District Court confirmed the order of the referee;
And it appearing that the findings of the referee and of the District Court, 119 F.Supp. 868, are supported by the record and that their conclusions of law are correct under applicable authorities and Ohio...
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