Legal Opinion · Dissent

Fisher v. Bullington

Louisiana Court of Appeal

Decided December 15, 1951No. 7590Published

1Dissent

GLADNEY, Judge ad hoc

(dissenting).

The majority opinion is predicated on what is termed the tacit consent of the conditional vendor that the conditional vendee might take the subject automobile to any state he pleased, including Louisiana. I cannot draw this inference from the facts presented. The transaction was a conditional sale in which legal title to the automobile remained in’ the vendor until payment of the check, in Little Rock, Arkansas, and only upon payment of said check could the certificate of title pass ownership of the car.

The record malees it clear a conditional sale is valid…

2Cases cited13 opinions

  1. Green v. Van BuskirkSupreme Court of the United States · 1869
  2. Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
  3. Green v. Van BuskirkSupreme Court of the United States · 1867
  4. Overland Texarkana Co. v. BickleySupreme Court of Louisiana · 1922
  5. Finance Security Co. v. MexicLouisiana Court of Appeal · 1939

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