Lewis v. McCabe
Supreme Court of Connecticut
Amicable submission, upon an agreed statement of facts, to the Court of Common Pleas of Hartford County. Tbe facts were as follows:— On the 15th of June, 1880, at New Britain in this state, the plaintiffs made a conditional sale of two one-half barrels of liquors, of the value of 168.28, to one Michael McAvoy of New Britain, and upon the 9th of July, 1880, one other conditional sale to him of one barrel of liquor of the value of $58.05. All the merchandise was immediately…
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Amicable submission, upon an agreed statement of facts, to the Court of Common Pleas of Hartford County. Tbe facts were as follows:— On the 15th of June, 1880, at New Britain in this state, the plaintiffs made a conditional sale of two one-half barrels of liquors, of the value of 168.28, to one Michael McAvoy of New Britain, and upon the 9th of July, 1880, one other conditional sale to him of one barrel of liquor of the value of $58.05. All the merchandise was immediately after the respective sales placed in the possession of McAvoy at New Britain. It was an express condition of both the…
1Opinion of the CourtLoomis, J.
There is much contrariety of reasoning and decision relative to the validity of what are called conditional sales in different states, and often to some extent in the same state.
The courts of Pennsylvania have most firmly established the rule that a sale and delivery of personal property with an agreement that the ownership shall remain in the vendor until the purchase money is paid, is fraudulent and void as to creditors of the vendee and innocent purchasers; but they are obliged to except cases of bailment where no present contract of sale is regarded as made, and they have often found…
2Cases cited7 opinions
- Forbes v. MarshSupreme Court of Connecticut · 1843
- Ludden v. HazenNew York Supreme Court · 1860
- Haggerty v. PalmerNew York Court of Chancery · 1822
- Bonesteel v. FlackNew York Supreme Court · 1864
- Hart v. CarpenterSupreme Court of Connecticut · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- New Haven Wire Co. CasesSupreme Court of Connecticut · 1888
- Harris v. CoeSupreme Court of Connecticut · 1898
- Columbus Buggy Co. v. TurleyMississippi Supreme Court · 1895
- Romeo v. MartucciSupreme Court of Connecticut · 1900
- Hotchkiss v. HigginsSupreme Court of Connecticut · 1884
16 more not listed; retrieve them via the Exa API.