Opinion
No. 4880.
September 23, 1932.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge.
H. Eugene Heine and Henry L. Shepard, both of Philadelphia, Pa., for appellant.
A.J. Creskoff and D. Hays Solis-Cohen, both of Philadelphia, Pa. (Michael Edelman, of Philadelphia, Pa., of counsel), for appellee.
Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.
This is another of the constantly recurring questions of whether machinery, etc., in the possession of a bankrupt was held by bailment or conditional sale. Necessarily each case turns on its particular facts and the instrument under which it is held and whether they constituted a bailment or a conditional sale.
The facts and a discussion of the writing here involved are fully set forth in the opinion of the referee ( 1 F. Supp. 531), and by reference thereto we avoid needless repetition. The referee therein held there was no bailment. On certificate, the court below adopted the referee's view. After due consideration had, we come to the same conclusion, and therefore limit ourselves to affirming the court's decree.