Lauter & Co. v. O'Toole

The opinion of the court was delivered by

Garrison, J.

The plaintiff brought its action of replevin in the District Court for a piano it had delivered to a prospective purchaser under a lease and contract that provided that until paid for the piano should remain the property of the vendor, I. c., the plaintiff. This writing was not recorded.

The defendant, O’Toole, was in possession of and claimed title to the piano under a purchase and bill of sate, which was also unrecorded.

The history of the transaction is this: The plaintiff had parted with the possession of the piano to one Morton under the…