GENERAL MOTORS ACCEPTANCE CORPORATION v. HORTON

No. 5803.

85 F.2d 452 (1936)

GENERAL MOTORS ACCEPTANCE CORPORATION v. HORTON.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied September 22, 1936.


Attorney(s) appearing for the Case

Hugh D. Scott, Jr., of Philadelphia, Pa., for appellant.

Walter G. Dugger and Felix & Felix, all of Philadelphia, Pa., for appellee.

Louis Caplan, Charles H. Sachs, and Sachs & Caplan, all of Pittsburgh, Pa., amici curiæ.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


DAVIS, Circuit Judge.

This is an appeal in which the appellant is assignee of a contract, the nature of which is under dispute. Under the contract the Voice Motor Company of Philadelphia delivered a car to the Kamens Quality Market, Inc., hereinafter called the lessee, and then assigned the contract to the appellant. The lessee became bankrupt, and the appellant seeks to gain possession of the automobile under the terms of the contract from the lessee's trustee in...

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