United States Supreme Court Cases & Opinions

U.S. Supreme Court

Blake v. Openhym, 216 U.S. 322 (1910)

Blake v. Openhym

No. 71

Submitted January 11, 1910

Decided February 12, 1910

216 U.S. 322

Syllabus

The judgment in this case that the vendor of goods sold to the bankrupt had a right to, and did, rescind the contract of sale on the ground that the goods were obtained by the bankrupt's fraud, and that the rescission was seasonably made on that ground, involves no provision of the bankruptcy law, but depends on principles of general law, and an appeal will not lie to this Court from the judgment of the circuit court of appeals. Chapman v. Bowen, 207 U. S. 89.

Where, after writ of replevin, the state court turns the goods over to the receiver, who so receives them on the express condition that he assume the liabilities incurred in that court which has held that the liability under the redelivery bond was incurred for benefit of the estate, no provision of the Bankruptcy Act is involved that would make the decision reviewable in this Court on writ of error.

Page 216 U. S. 323

Where, after replevin, the paramount authority of the bankruptcy court is conceded and the replevin suit is considered only as evidence of rescission and identification of goods, no provision af the bankruptcy law or jurisdiction of the bankruptcy court is involved on which a writ of error from, or an appeal to, this Court can be based.

157 F.5d 6 affirmed.

The facts are stated in the opinion.

Page 216 U. S. 324