Jerome P. Parker-Harris Co. v. Stephens
Missouri Court of Appeals
Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) At common law a verbal conditional sale contract was good, not only as between tbe original parties, but also .as to innocent purchasers and creditors of the conditional vendee. This rule of law obtained in all the states, including Missouri, except possibly Illinois, and is also the Federal Rule.
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Appeal from Circuit Court of Pemiscot County. — Hon. Sterling H. McCarty, Judge. (1) At common law a verbal conditional sale contract was good, not only as between tbe original parties, but also .as to innocent purchasers and creditors of the conditional vendee. This rule of law obtained in all the states, including Missouri, except possibly Illinois, and is also the Federal Rule. Harkness v. Russell, 118 U. S. 663 (and cases there cited); Houston v. Dyche, Meigs (Tenn.), 76; Gambling v. Read, Meigs (Tenn.), 281; Buson y. Dougherty, 11 Hum. (Tenn.) 52; Burke v. Harrison, 5 Sneed (Tenn.) 237;…
1Opinion of the CourtBradley, J.
Plaintiff, as the original vendor, proceeded in replevin to secure possession of a Packard automobile. The alleged right to recover is based upon a written conditional sale contract executed in Memphis, Tennessee. Before the trial defendant died, and the cause was revived in the name of his administrator, the Citizens Trust Company but the abstracts and briefs here style the case as it was originally, and our use of the word defendant has reference to Stephens. Defendant claims title by virtue of a bill of sale executed in Caruthersville, Mo., by one Martin, plaintiff’s conditional vendee.…
2Cases cited8 opinions
- Olmsted v. OlmstedSupreme Court of the United States · 1910
- Ruhe v. BuckSupreme Court of Missouri · 1894
- Willys-Overland Co. of California v. ChapmanCourt of Appeals of Texas · 1918
- Sanger v. Jesse French Piano & Organ Co.Court of Appeals of Texas · 1899
- Adams v. FellersSupreme Court of South Carolina · 1911
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3Cited by12 opinions
- MacK Motor Truck Corporation v. WolfeMissouri Court of Appeals · 1957
- Hart v. Oliver Farm Equipment Sales Co.New Mexico Supreme Court · 1933
- Memphis Bank & Trust Co. v. WestMissouri Court of Appeals · 1953
- Capital Lincoln-Mercury v. General Motors Acceptance CorporationDistrict Court of Appeal of Florida · 1958
- Wisdom v. KeithleyMissouri Court of Appeals · 1943
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