Blake v. Openhym
Annotate this Case
216 U.S. 322 (1910)
U.S. Supreme Court
Blake v. Openhym, 216 U.S. 322 (1910)
Blake v. Openhym
Submitted January 11, 1910
Decided February 12, 1910
216 U.S. 322
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.
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. 536 affirmed.
The facts are stated in the opinion.
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