Baum v. WM. Knabe & Co. Manufacturing Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the claimant of goods seized under a writ of replevin, from a judgment of the Supreme Court of the District of Columbia, directing a verdict for the plaintiff and against the claimant. The Court in the opinion stated the facts as follows: This case began in the justice’s court. The appellee, the Wm. Knabe & Co. Manufacturing Company, obtained a writ of replevin against one Charles R. Johnson for the recovery of a piano.
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Hearing on an appeal by the claimant of goods seized under a writ of replevin, from a judgment of the Supreme Court of the District of Columbia, directing a verdict for the plaintiff and against the claimant. The Court in the opinion stated the facts as follows: This case began in the justice’s court. The appellee, the Wm. Knabe & Co. Manufacturing Company, obtained a writ of replevin against one Charles R. Johnson for the recovery of a piano. The piano having been seized by the marshal, the appellants, Henry Baum and Charles Baum, trading as H. Baum & Son, gave notice of claim of title in…
1Opinion of the CourtChief Justice Shepard
Contracts of the kind proved in this case are valid, though unrecorded, except “as against third persons acquiring title to said property from said purchaser without notice of the terms of said sale.” Code, sec. 547 [31 Stat. at L. 1275, chap. 854].
Appellants had no dealings with, and made no purchase from, Johnson himself. If they have any right of property in the piano at all, it is by virtue of the sale of the same as his property, to pay the storage charges thereon.
In determining the validity of that sale, it is unnecessary to pass upon the question whether creditors of the vendee in a…
2Cases cited6 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Deputron v. YoungSupreme Court of the United States · 1890
- Jeffries v. SnyderSupreme Court of Iowa · 1900
- Ransom v. WilliamsSupreme Court of the United States · 1865
- Robinson v. WappansAppellate Terms of the Supreme Court of New York · 1901
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3Cited by3 opinions
- Zweig v. SchwartzDistrict of Columbia Court of Appeals · 1943
- Stern Co. of Washington, Inc. v. RosenbergDistrict Court, District of Columbia · 1937
- State Ex Rel. Kendrick v. Amarillo Transfer & Storage Co.Court of Appeals of Texas · 1936