Charter Oak Lumber Co. v. P. Berry & Sons, Inc.

The majority opinion states that the conditional bill of sale and the unpaid note were assigned by the then owner (Sarah Crosky) to the plaintiff, and it thus summarily disposes of one of the conclusions of the trial court, that the title of the plaintiff was defective, because the assignment was made by Simmons, who did not then own them. I think it well to explain the reason for overruling this conclusion. The facts were these: Simmons had sold the business, including his rights under the bill of sale and note, to Sarah Crosky. She continued to conduct it under the same name he had used,…