Clarke v. Laird
Missouri Court of Appeals
Appeal from Ihe Cass Circuit Court. — Hon. W. W. Wool, Judge. (1) To constitute a valid sale of goods and chattels by a vendor in possession it must be followed by delivery within a reasonable time and an actual and continued change of possession of the things sold.
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Appeal from Ihe Cass Circuit Court. — Hon. W. W. Wool, Judge. (1) To constitute a valid sale of goods and chattels by a vendor in possession it must be followed by delivery within a reasonable time and an actual and continued change of possession of the things sold. R. S. 1889, sec. 5178. The change of possession must be open, notorious and unequivocal, such as to apprise the community that the goods have changed hands, — that they have passed out of the custody of the seller and into that of the buyer. Glaflin v. Rosenburg, 42 Mo. 439; Wright v. McCormick, 67 Mo. 426; State ex rel. v.…
1Opinion of the CourtEllison, J.
This is an action of replevin, in which plaintiff recovered below; the court giving a peremptory instruction in his behalf.
The facts of the ease are these: Y. Y. Morgan & Brothers was the name of a mercantile partnership at Warsaw, Missouri. W. L. Morgan & Company was the name of a mercantile partnership at Melton, a town about eighteen miles from Warsaw. The latter firm was composed of this plaintiff and the Morgan brothers, the latter alone composing the first firm. That is, the two firms were composed of the same men, except that plaintiff was a member of the firm of W. L. Morgan & Company…
2Cases cited2 opinions
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- State ex rel. Lemon v. RuckerMissouri Court of Appeals · 1885
3Cited by4 opinions
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
- Kelley v. London Guarantee & Accident Co.Missouri Court of Appeals · 1903
- Springfield Grocer Co. v. ShackelfordMissouri Court of Appeals · 1896
- Moriund v. JohnsonMissouri Court of Appeals · 1910