Legal Opinion

Miller v. Lacey

Superior Court of Delaware

Decided May 5, 1884PublishedCited by 1 opinion

Replevin. Charles H. Benn, of the town of Dover, being the owner of store goods of the value of $200, sold the same to Mrs. Grover Smith, his sister, and George Benn, his brother, the consideration being the payment of his note for $75.00, upon which they were endorsers. The following day the defendant, with an execution upon a judgment at the suit of Louis Bremer’s Sons against Charles H. Benn, levied upon the said goods as the property of Charles H. Benn.

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Replevin. Charles H. Benn, of the town of Dover, being the owner of store goods of the value of $200, sold the same to Mrs. Grover Smith, his sister, and George Benn, his brother, the consideration being the payment of his note for $75.00, upon which they were endorsers. The following day the defendant, with an execution upon a judgment at the suit of Louis Bremer’s Sons against Charles H. Benn, levied upon the said goods as the property of Charles H. Benn. The plaintiff afterwards purchased the said goods from Mrs. Grover Smith and George Benn, and bring this action of replevin.

1Opinion of the Court

Comegys, C. J.,

charging the jury:

In order to make a valid and perfect sale of property, there *10must be delivery of it at the time of the transaction,, or as soon thereafter as the circumstances existing will permit. This is the general law with respect to the subject, recognized and acted upon by the courts throughout the country. In order to fully inform the public mind about the requisites of a valid sale, the Legislature of this State re-enacted the principal features of the English statutes of frauds and perjuries and laid down the law of sales by the 4th section of such re-enactment in…

2Cited by1 opinion

  1. Beatty v. ParsonsSuperior Court of Delaware · 1911

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