Uniform Conditional Sales Act

13 Florida cases classified under this topic · sorted by citation count · browse and sort

• Cook & Sons Equip., Inc. v. Killen
  277 F.2d 607· 9th Cir.· 1960-04-21 ·cited 24×
  The court held that California law, not Alaska law, governed the proprietary interests in the truck, and under California law, the seller had an absolute right to repossess without allowing redemption.
• Breece Veneer & Panel Co. v. Commissioner OF Internal Revenue
  232 F.2d 319· 7th Cir.· 1956-04-26 ·cited 18×
  Payments made under a lease with an option to purchase are deductible as rent if the taxpayer has no equity in the property at the time the payments are made.
• Empire State Chair Co., Inc. v. Beldock. In re Patio Cafe, Inc.
  140 F.2d 587· 2d Cir.· 1944-02-03 ·cited 12×
  A conditional sales contract is not validly filed against a bankruptcy trustee if the annexed specifications, which are incorporated by reference, are not also filed.
• H. W. Glessner in Bankruptcy of Marvin K. Dunagan v. Massey-Ferguson, Inc.
  353 F.2d 986· 9th Cir.· 1965-12-13 ·cited 10×
  The court held that the repossession of property by a conditional seller within four months of the buyer's bankruptcy, where the conditional sales contract was unfiled, constitutes a preferential transfer under § 60(b) of the Bankruptcy Act, as amended.
• James Talcott, Inc. v. Assocs. Disc. Corp. & Mr. & Mrs. F. O. McConnell
  302 F.2d 443· 8th Cir.· 1962-04-18 ·cited 10×
  The court held that the distinction between a repossession and a trade-in, in the absence of evidence of prior conduct regarding trade-ins, was sufficient to prevent estoppel against the first assignee of a conditional sale contract.
• Burroughs Corp. v. Richard H. Barry in Bankr. of Dalco Am. Enters., Inc.
  380 F.2d 427· 8th Cir.· 1967-07-11 ·cited 6×
  The court held that the agreement was a lease, not a conditional sales contract, because the option to purchase price was substantial and not nominal, and other factors did not definitively indicate a sale.
• Allen v. Ronald S. Cohen in Bankruptcy of Melvin F. Cady
  310 F.2d 312· 2d Cir.· 1962-11-14 ·cited 6×
  The court held that the agreement was a lease with an option to purchase, not a conditional sale under New York law, because the total payments were not substantially equivalent to the trailer's value and the buyer was not obligated to purchase.
• Shanahan v. George B. Landers Constr. Co., Inc.
  266 F.2d 400· 1st Cir.· 1959-05-01 ·cited 4×
  The court held that New Hampshire law applied to the conditional sale, and the repossession and resale of the chattel without proper notice violated that law, entitling the buyer to damages.
• Newfield v. Nat'l Cash Register Co.
  186 F.2d 883· 2d Cir.· 1951-01-26 ·cited 4×
  The court held that the second conditional sales contract was void as against the trustee in bankruptcy because it was not properly filed and the bankrupt retained possession of the goods.
• In re Brownsville Brewing Co. George J. Meyer MFG. Co. v. Sproul
  117 F.2d 463· 3d Cir.· 1941-01-29 ·cited 4×
  A conditional sale contract for fixtures attached to realty is void against a bankruptcy trustee if the description of the realty is so inaccurate as to fail to provide notice to dealers in real estate, even if the contract is filed.
• In re Halferty v. Bucyrus-Erie Co.
  136 F.2d 640· 7th Cir.· 1943-06-26 ·cited 2×
  The court held that the written instrument was a valid conditional sales contract, not a chattel mortgage, under the Illinois Uniform Sales Act, and thus did not need to be recorded to be valid against the trustee.
• Creque v. Knowles
  361 F.2d 467· 3d Cir.· 1966-05-12
  A new agreement with new consideration, entered into after default on a conditional sale contract, can lawfully abrogate the statutory requirements for resale of a repossessed chattel.