IN RE MASTER KNITTING CORPORATION

No. 338.

7 F.2d 11 (1925)

In re MASTER KNITTING CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 4, 1925.


Attorney(s) appearing for the Case

Harold R. Lhowe, of New York City (Morris K. Bauer, of Brooklyn, N. Y., and E. A. Obstfeld, of New York City, of counsel), for trustee.

Hyman Podell, of New York City (Samuel Sumner Goldberg, of New York City, on the brief), for respondent Benerofe.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

This transaction was a conditional sale, which never raises a question of lien, but one of title. In re Fitzhugh, etc., Co., 230 F. 811, 813, 145 C. C. A. 121. That title is defined by the Conditional Sales Act of New York in force when the transaction occurred (chapter 642, p. 1766, Laws N. Y. 1922), which declares that "conditional sale" means "any contract for the sale of goods under which possession is delivered...

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