Taney v. Penn National Bank,
232 U.S. 174 (1914)

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U.S. Supreme Court

Taney v. Penn National Bank, 232 U.S. 174 (1914)

Taney v. Penn National Bank of Reading

No. 115

Argued December 9, 10, 1913

Decided January 26, 1914

232 U.S. 174



In determining the relative rights of the trustee in bankruptcy and a secured creditor, the legal effect of the transaction securing the loan depends upon the local law.

The rule that physical retention by the vendor of goods capable of delivery to the vendee is a fraud per se does not apply in Pennsylvania in a transaction the inherent nature of which necessarily precludes delivery, or in which the absence of a physical delivery is excused by the applicable usages of trade.

Page 232 U. S. 175

Under the revenue laws of the United States, the government, although not strictly a bailee, is in complete control of a distillery warehouse which is in effect a bonded warehouse of the United States.

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