U.S. Court of Appeals for the Ninth Circuit, 1954

Anglo California National Bank of San Francisco v. Schenley Industries, Inc.

Anglo California National Bank of San Francisco v. Schenley Industries, Inc.
U.S. Court of Appeals for the Ninth Circuit · Decided August 19, 1954
215 F.2d 651 (Federal Reporter, Second Series)

Counsel

Francis P. Walsh, Henry Gross, James M. Conners, San Francisco, Cal., for appellant, Charles W. Ebnother, trustee in bankruptcy., Frederick M. Fisk, San Francisco, Cal., for appellant, The Anglo California Nat. Bank of San Francisco., Chick-ering & Gregory, Bruce M. Casey, Jr., San Francisco, Cal., of counsel., Bronson, Bronson & McKinnon, Kirke La Shelle, John F. Ward, San Francisco, Cal., for appellee.

Anglo California National Bank of San Francisco v. Schenley Industries, Inc.

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Opinion of the Court

PER CURIAM.

These are appeals from a judgment of the district court in a bankruptcy proceeding in which the court sustained the appellee’s petition for reclamation of goods stored in a warehouse for which the appellee had warehouse receipts. In the Matter of Hedgeside Distillery Corporation, D.C., 123 F.Supp. 933.

The appellants contend the district court erred with regard to a portion of the goods involved in the following respects :

1. In concluding that Bankrupt (Hedgeside Distillery Corporation) lawfully stored its goods in its warehouse for profit;

2. In concluding that copies of the warehouse receipts were kept at the warehouse;

3. And consequently in concluding that Bankrupt was a warehouseman, within the meaning of § 3440.5 of the California Civil Code.

We affirm the judgment adopting the reasoning of the opinion of Judge Lem-mon.

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