Aultman, Miller & Co. v. Mallory
Nebraska Supreme Court
Error to the district court for Saline county. The case was thus: Plaintiffs sold to one Johnson a Buckeye mower and reaper, receiving from him two notes payable to them.
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Error to the district court for Saline county. The case was thus: Plaintiffs sold to one Johnson a Buckeye mower and reaper, receiving from him two notes payable to them. Afterward, Thomas B. Parker recovered a judgment against Johnson, issued execution thereon, which was placed in the hands of defendant, who was at the time a constable, who levied on the machine and took the same into his possession for the purpose of satisfying the debt of Johnson, and plaintiff replevied the machine from defendant. The court below rendered judgment in favor of Mallory, and Aultman, Miller & Co. brought the…
1Opinion of the CourtMaxwell, J.
A sale and delivery of goods, on condition that the property is not to vest until the purchase money is paid or secured, does not pass the title to the vendee until the condition is performed; and a vendor, in case the condition is not fulfilled, has a right to repossess himself of the goods, both against the vendee and against his creditors. Story on Sales, Sec. 313. Hussey v. Thornton, 4 Mass., 405. Marston v. Baldwin, 17 Mass., 606. Barrett v. Pritchard, 2 Pick., 512. Hill v. Freeman, 3 Cush., 257. Gambling v. Read, 1 Meigs, 281. Bigelow v. Huntley, 8 Vt., 151. Smith v. Foster, 18 Vt.,…
2Cases cited5 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Sewall v. HenrySupreme Court of Alabama · 1846
- Bigelow v. HuntleySupreme Court of Vermont · 1836
- Brewster v. BakerNew York Supreme Court · 1855
- Smith v. FosterSupreme Court of Vermont · 1846
3Cited by10 opinions
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- Carroll v. Cash MillsSupreme Court of South Carolina · 1923
- McCormick v. StevensonNebraska Supreme Court · 1882
- McClelland v. ScrogginNebraska Supreme Court · 1892
- Campbell Printing Press & Manufacturing Co. v. DyerNebraska Supreme Court · 1896
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