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SIMON v. FRANKFORT DISTILLERY

No. 4095.

2 F.2d 949 (1924)

SIMON et al. v. FRANKFORT DISTILLERY, Inc.

Circuit Court of Appeals, Sixth Circuit.

December 9, 1924.

Attorney(s) appearing for the Case

Charles A. Houts, of St. Louis, Mo. (Thos. D. Slattery, of Cincinnati, Ohio, and D. J. O'Keefe and Charles A. Houts, both of St. Louis, Mo., on the brief), for appellants.

A. J. Carroll, of Louisville, Ky. (Leslie W. Morris, of Frankfort, Ky., on the brief), for appellee.

Before DONAHUE, MACK, and KNAPPEN, Circuit Judges.

DONAHUE, Circuit Judge.

In 1915, 1916, and 1917, the Frankfort Distillery, Inc., issued for full value, to J. Simon & Sons, warehouse receipts for a large quantity of whisky. These warehouse receipts were issued in conformity with the warehouse laws of the state of Kentucky and the United States, in force at that time, and provided, among other things, that the whisky should be delivered upon the return of the receipt, the written order of holder thereof, and...

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