Legal Opinion

Tufts v. Thompson

Missouri Court of Appeals

Decided June 14, 1886PublishedCited by 11 opinions

Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. The case and facts are stated in the opinion. ' I. On the undisputed facts, Campbell, Bond, and the Bank of Commerce, were mortgagees of the property-in dispute without notice of the unrecorded conditional sale from plaintiff to the mortgagors, and said- defendants (Campbell, and others), as such mortgagees, being innocent purchasers, in good faith, of the property, the unrecorded conditional sale, relied upon by…

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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. The case and facts are stated in the opinion. ' I. On the undisputed facts, Campbell, Bond, and the Bank of Commerce, were mortgagees of the property-in dispute without notice of the unrecorded conditional sale from plaintiff to the mortgagors, and said- defendants (Campbell, and others), as such mortgagees, being innocent purchasers, in good faith, of the property, the unrecorded conditional sale, relied upon by plaintiff, is void, and the judgment should have been for defendants and against plaintiff. Laws of Mo., 1877, 320;…

1Opinion of the CourtPhilips, P. J.

This is an action in replevin The facts, essential to a proper understanding of the questions to be decided, are about as follows :

On the eighth'day of April, 1884, the- plaintiff sold to Smith & Faris, partners, doing business as druggists, in Kansas City, a soda, fountain, for which Smith & Faris executed to plaintiff their written promises, maturing at different times. The contract contained an express stipulation that until the several sums were paid, the title of the property should remain'in the vendor, and that upon the failure of the vendees to make payment of any one of the sums,…

2Cases cited9 opinions

  1. Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
  2. Parmlee v. CatherwoodSupreme Court of Missouri · 1865
  3. Hawks v. PritzlaffWisconsin Supreme Court · 1881
  4. Little v. PageSupreme Court of Missouri · 1869
  5. Defiance Machine Works v. TrislerMissouri Court of Appeals · 1886

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
  2. Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
  3. T. L. Smith Co. v. OrrCourt of Appeals for the Eighth Circuit · 1915
  4. Chilberg v. SmithCourt of Appeals for the Ninth Circuit · 1909
  5. Collins v. WilhoitMissouri Court of Appeals · 1889

6 more not listed; retrieve them via the Exa API.

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