Kimball v. Williams
Court of Appeals for the D.C. Circuit
Hearing oh an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on a verdict directed by the court, in an action of replevin. The Court in the opinion stated the facts as follows: This is a suit in replevin, filed in the supreme court of the District of Columbia by the appellant, W. W. Kimball Company, a corporation, to recover a piano from the appellee, Jacob B. Williams.
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Hearing oh an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on a verdict directed by the court, in an action of replevin. The Court in the opinion stated the facts as follows: This is a suit in replevin, filed in the supreme court of the District of Columbia by the appellant, W. W. Kimball Company, a corporation, to recover a piano from the appellee, Jacob B. Williams. The appellant will be referred to hereafter as the plaintiff, and the appellee as defendant. The instrument in question was sold by plaintiff’s assignors, Smith & Young, to the…
1Opinion of the CourtJustice Van Orsdel
The sole question here involved is Avhether the payment of the principal sum of the purchase price by a vendee under a contract of conditional sale providing for the payment of principal and interest, and the acceptance of the principal by the *45vendor, waives interest thereon, and vests the title to the property in the vendee without the payment of interest. This is not an action in assumpsit for the recovery of interest in the nature of damages, but is an action upon an express contract in which the interest forms a part of the consideration.
In actions for the recovery of interest after the…
2Cases cited6 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Redfield v. Ystalyfera Iron Co.Supreme Court of the United States · 1884
- Stewart v. BarnesSupreme Court of the United States · 1894
- Redfield v. BartelsSupreme Court of the United States · 1891
- Fake v. Addy'sCourt for the Trial of Impeachments and Correction of Errors · 1835
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3Cited by1 opinion
- Stern Co. of Washington, Inc. v. RosenbergDistrict Court, District of Columbia · 1937