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McDONNELL v. BANK OF CHINA

No. 5687.

33 F.2d 816 (1929)

McDONNELL v. BANK OF CHINA et al.

Circuit Court of Appeals, Ninth Circuit.

July 15, 1929.

Attorney(s) appearing for the Case

Fleming, Franklin & Allman, of Shanghai, China, and Pillsbury, Madison & Sutro, of San Francisco, Cal. (Alfred Sutro and Eugene M. Prince, both of San Francisco, Cal., of counsel), for appellant and cross-appellee.

P. H. B. Kent, of Tientsin, China, and Frank E. Hinckley, of San Francisco, Cal., for appellees and cross-appellants.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

August 1, 1927, R. T. McDonnell became the assignee of American Overseas Warehouse Company, Inc., an insolvent American corporation, which had theretofore conducted a warehouse business at Tientsin, China. When the assignee assumed charge of the warehouse, he found therein 91,666 bags of flour in one common unsegregated mass, without marks, except the brands on the bags, and without anything to indicate that any portion of the flour belonged...

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