Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

In re Mel Golde Shoes, Inc.

United States Court of Appeals for the Circuit
403 F.2d 658 (1968)


Johnson & Murphy Shoes, Inc. (Johnson) (plaintiff) delivered a shipment of shoes to Mel Golde Shoes, Inc. (Golde). The next day, two creditors (defendants) levied attachments on Golde’s entire inventory, which meant the inventory could be used to satisfy the debts Golde owed to the creditors. Soon after, Golde filed for bankruptcy. Johnson filed a reclamation petition in Golde’s bankruptcy proceeding. Johnson argued that because Golde purchased the shoes on credit while insolvent, Johnson had the right to reclaim the shoes. Golde’s creditors argued that because they had valid liens in the inventory, they were lien creditors with a superior interest to Johnson’s interest as a reclaiming seller. The bankruptcy judge treated Johnson as a competing lien creditor. The district court disagreed and said that Johnson’s right to reclamation was subordinate to the lien creditors’ interest in the inventory. Johnson appealed, arguing that its right to reclamation should be given priority over the lien creditors’ rights.

Rule of Law


Holding and Reasoning (O’Sullivan, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 499,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 499,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial