Michigan Buggy Co. v. Woodson
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.—Hon. Heney M. Bamey, Judge. (1) As between plaintiff and Jewett & Co., under the contract between them, plaintiff had a right to take the property. Benjamin on Sales, sec. 425, and note 92; Tiedeman on Sales, sec. 144; Parmelee v. Catherwoocl, 36 Mo. 479; Wangler v. Franlclin, 70 Mo. 659; Tufts v. Thompson, 22 Mo. App. 564-568. This being so, plaintiff’s instruction number 1 should have been given.
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Appeal from the Buchanan Circuit Court.—Hon. Heney M. Bamey, Judge. (1) As between plaintiff and Jewett & Co., under the contract between them, plaintiff had a right to take the property. Benjamin on Sales, sec. 425, and note 92; Tiedeman on Sales, sec. 144; Parmelee v. Catherwoocl, 36 Mo. 479; Wangler v. Franlclin, 70 Mo. 659; Tufts v. Thompson, 22 Mo. App. 564-568. This being so, plaintiff’s instruction number 1 should have been given. (2) And if defendant occupied the position of an assignee for creditors, plaintiff’s claim to the property was good against him. Peel v. Spencer, 90 Mo.…
1Opinion of the CourtSmith, P. J.
This is a suit in replevin. The property taken under the writ had been sold in August,, 1892, by the plaintiff to the firm of Jewett & Company and shipped to them upon a written order signed by Jewett & Company containing this cause- andjagreement: “All bills payable in current funds or New York exchange. Title to the goods shipped on this order, or any subsequent orders, is to remain in the Michigan Buggy Company until paid for in money, and should anything occur to affect my commercial standing, or should I become insolvent, any amount still unpaid shall immediately become due, and it is…
2Cases cited23 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Griffith v. TownleySupreme Court of Missouri · 1878
- Hargadine v. HendersonSupreme Court of Missouri · 1888
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3Cited by2 opinions
- Kemper, Hundley & McDonald Dry Goods Co. v. George A. Kennard Grocer Co.Missouri Court of Appeals · 1897
- In re Assignment of HowardMissouri Court of Appeals · 1908