Sumner v. McFarlan
Supreme Court of Kansas
Error from Cloud District Cowrt. Replevin, for an “American organ,” brought by Sumner. Trial, and verdict and judgment for defendant, McFarlan, at the April Term 1874. Sumner brings the case here. The sale by Sumner to McNulty was a conditional sale only, or a contract of lease. The notes were given for use of the organ, and their payment was a condition precedent to the transfer of the title.
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Error from Cloud District Cowrt. Replevin, for an “American organ,” brought by Sumner. Trial, and verdict and judgment for defendant, McFarlan, at the April Term 1874. Sumner brings the case here. The sale by Sumner to McNulty was a conditional sale only, or a contract of lease. The notes were given for use of the organ, and their payment was a condition precedent to the transfer of the title. Until the title had passed to McNulty, he could not sell and convey any title; he could convey no greater title than he had himself. By the contract itself it was expressly agreed that the title- should…
1Opinion of the Court
*601The opinion of the court was delivered by
Brewer, J.:
This was an action of replevin, to recover possession of an organ; and the principal question was, as to the title to the property. The testimony of the plaintiff showed that the organ had belonged to him, and had been placed in the possession of one McNulty under and by virtue of a conditional sale. The terms of this contract were as follows: McNulty paid $25 down, and gave seven notes of $25 each. On the margin of each note was written an agreement as follows: “ It is hereby agreed between the maker of this note and A. Sumner, that the…
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