Clarke v. Farrell & Co.

Simmons, Justice.

This was an action of trover brought by Farrell & Co. against Clarke, for the recovery of an iron safe. It appears from the record that the plaintiffs sold the safe to Paine, Roland & Co., who executed and delivered therefor to the plaintiffs their certain promissory notes, wherein it was stipulated that the title should remain in the vendors until the purchase price was paid. Before all the notes were paid, Paine, Roland & Co. sold the safe to Clarke, Harrison & Co., who took the safe with notice of the reservation of title in the plaintiffs, and agreed to pay *623the-balance of…