Davis, Mallory & Co. v. Meyer & Co.
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. John A. Williams, Circuit Judge. As between Tomlinson and Meyer & Co., the sale was no doubt complete, but the goods not having been delivered to the buyer, but remaining in the hands of the seller, the transaction is of no effect as against an innocent third party to whom the goods were mortgaged in good faith.
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APPEAL from Jefferson Circuit Court. Hon. John A. Williams, Circuit Judge. As between Tomlinson and Meyer & Co., the sale was no doubt complete, but the goods not having been delivered to the buyer, but remaining in the hands of the seller, the transaction is of no effect as against an innocent third party to whom the goods were mortgaged in good faith. The principle is well settled that in an absolute sale of personal property, capable of delivery, the possession must accompany the title to make the sale effectual against creditors, etc. Ferguson v. Northern Bank, 1‡ Bush., 555; Comaitra v.…
1Opinion of the CourtSmith, J.
Frank Tomlinson, a merchant of Pine Bluff, was indebted to both of the parties to this action. On the 20th of October, 1883, he sold to Gabe Meyer & Co. a bill of merchandise amounting to $140.15, and consisting of dry goods, tobacco and two guns. The dry goods, which were of the value of $101.77, were packed in a box and placed under the counter. The tobacco and guns were not separated from the rest of Tomlinson’s stock. No money was paid, it being understood that the amount of the bill was to go as a credit on the debt due the purchasers; and the items were charged on the debtor’s books,…
2Cases cited2 opinions
- Dempsey v. GardnerMassachusetts Supreme Judicial Court · 1879
- Allen v. CarrIllinois Supreme Court · 1877
3Cited by3 opinions
- Seaboard Air-Line Railway v. SmithCourt of Appeals of Georgia · 1908
- Securities Investment Co. of St. Louis v. WilliamsDistrict Court, E.D. Arkansas · 1960
- Smith v. Kirkpatrick Finance CompanySupreme Court of Arkansas · 1930