McComb v. Donald's Administrator
Supreme Court of Virginia
Appeal from decree of circuit court of Augusta county, rendered 11th June, 1885, in the cause of Donald’s Adm’r v. Donald’s Creditors et als.
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Appeal from decree of circuit court of Augusta county, rendered 11th June, 1885, in the cause of Donald’s Adm’r v. Donald’s Creditors et als. This suit was brought by R. P. Bell, administrator of W. A. Donald, to have the court construe and determine the effect of a contract made 4th April, 1881, by McCoy & Saunders with W. A. Donald, which recited that the two former were the owners of certain chattel property, and that they sold it, by an unrecorded instrument, to him at an agreed price, but retained the title until that price should be paid. Possession having been given to Donald under…
1Opinion of the CourtHinton, J.
The great question in the case is, whether an unrecorded contract of conditional sale of personal property is valid as against purchasers from the vendee, without notice. This inquiry arises out of the following state of facts:
For some years prior to the 4th of April, 1881, W. A. Donald and the firm of McCoy & Saunders, of the city of New York, had been engaged in operating some manganese mines in the county of Augusta, in this State. At the last-mentioned date the parties had an agreement in writing by which their relations as partners were severed, and McCoy & Saunders agreed to sell all…
2Cases cited8 opinions
- Herring v. . HoppockNew York Court of Appeals · 1857
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Forbes v. MarshSupreme Court of Connecticut · 1843
- Peters v. Neville's trusteeSupreme Court of Virginia · 1875
- Duncan v. StoneSupreme Court of Vermont · 1872
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3Cited by9 opinions
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- Cochran v. ParisSupreme Court of Virginia · 1854
- General Motors Acceptance Corp. v. SutherlandNebraska Supreme Court · 1932
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