Blackwell, Thompson & Co. v. Walker Bros. & Co.
United States Circuit Court
These cases raise the question of the validity of conditional sales. In the first case the plaintiffs agreed to sell one Cowger a gin, portable steam-engine, and fixtures for the sum of six hundred and twenty-three dollars and seventy-eight cents, ($623.78,) upon Ms paying the agreed price.
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These cases raise the question of the validity of conditional sales. In the first case the plaintiffs agreed to sell one Cowger a gin, portable steam-engine, and fixtures for the sum of six hundred and twenty-three dollars and seventy-eight cents, ($623.78,) upon Ms paying the agreed price. Cowger executed his note for the price, and plaintiffs gave him possession of the articles upon the distinct verbal agreement that the right of property therein should not pass to him, but should remain in the plaintiffs until the price agreed upon was fully paid. The defendants were creditors of Cowger at…
1Opinion of the Court
Caldwell, D. J.
Conditional sales were valid by the common law, and their validity was not affected by the provisions of the English statute of frauds, nor are they within the recording acts of this state. In the case of a chattel mortgage, the property and possession of the chattel, in this state, is in the mortgagor, and neither the property nor the possession is changed by the mortgage; but the mortgagee acquires, in the language of the statute, “a lien on the mortgaged property from the time the same is” filed for record. Gantt’s Digest, § 4288. In a conditional sale, the property in the…
2Cases cited17 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Smith v. StateIndiana Supreme Court · 1867
- Parmlee v. CatherwoodSupreme Court of Missouri · 1865
- Buckmaster v. SmithSupreme Court of Vermont · 1850
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Blackford v. NeavesArizona Supreme Court · 1922
- Gaffney v. O'LearyWashington Supreme Court · 1929
- In re Farmers' Dairy Ass'nDistrict Court, S.D. California · 1916