Ludvigh v. American Woolen Co., 231 U.S. 522 (1913)

Ludvigh v. American Woolen Company


No. 55


Argued November 7, 10, 1913
Decided December 15, 1913
231 U.S. 522

APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

A contract under which good are delivered by one party to another to be sold by the latter and proceeds paid to the former less an agreed discount, the unsold goods to be returned to the consignor, is really a contract of bailment only, and the consignor can, in the absence of fraud, take them back in case of the consignee’s bankruptcy.

188 F. 30 affirmed.

The facts, which involve the construction of a contract for consignment of goods to a bankrupt and the rights of the consignor thereunder, are stated in the opinion.