EDGEWOOD SHOE FACTORIES, ETC. v. STEWART

No. 9184.

107 F.2d 123 (1939)

EDGEWOOD SHOE FACTORIES, DIVISION OF GENERAL SHOE CORPORATION, v. STEWART.

Circuit Court of Appeals, Fifth Circuit.

November 10, 1939.


Attorney(s) appearing for the Case

A. F. Whiting, of Montgomery, Ala., for appellant.

Bernard Lobman and Silas D. Cater, both of Montgomery, Ala., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

The proceeding was for reclamation of shoes delivered under a consignment contract. The defense was: That the contract, on its face, evidenced not a consignment but a sale; and that if sufficient on its face, as a consignment contract, it was a mere subterfuge for dealings, intended to result, and resulting in, sales so that as to the shoes sought to be reclaimed, claimant was not the owner, but a creditor for their price. Submitted to the...

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