Harkness v. Russell
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an appeal from tbe Supreme Court of Utah. The action was brought in the District Court for Weber County, to recover the value of two steam-engines and boilers, and a portable saw-mill connected with each engine.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an appeal from tbe Supreme Court of Utah. The action was brought in the District Court for Weber County, to recover the value of two steam-engines and boilers, and a portable saw-mill connected with each engine. A jury being waived, the court found the facts and rendered judgment for the plaintiff, Russell & Co. The plaintiff is an Ohio corporation, and by its agent in Idaho, on the 2d of October, 1882, agreed with a partnership firm by the name of Phelan & Ferguson, residents of Idaho, to-sell to them the said engines, boilers,…
1Opinion of the CourtJustice Bradley
The first question to be considered is, whether the transaction in question was a conditional sale or a mortgage; that is, whether it was a mere agreement to sell upon a condition to be performed, or an absolute sale, with a reservation of a lien or mortgage to secure the purchase-money. If it was the latter, it is conceded that the lien or mortgage was void as against third persons because not verified by affidavit and not recorded as required by the law of Idaho. But, so far as words and the express intent of the parties can go, it is per fectly evident that it was not an absolute sale, but…
2Cases cited41 opinions
- Heryford v. DavisSupreme Court of the United States · 1880
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Green v. Van BuskirkSupreme Court of the United States · 1867
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3Cited by166 opinions
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- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
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