Gerow v. Castello
Supreme Court of Colorado
Appeal from San Juan County Court. The appellant, Philip Gerow, was plaintiff below and brought this action against the appellee, Nellie Gastello, to recover the possession of a piano or its value.
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Appeal from San Juan County Court. The appellant, Philip Gerow, was plaintiff below and brought this action against the appellee, Nellie Gastello, to recover the possession of a piano or its value. The action was tried to the court upon the following agreed statement of facts: “It is stipulated between the respective parties hereto that the facts of this case are as follows, and that this suit be tried by the court without a jury upon such statement; that is to say: (1) That in the town of Silverton, Colo., on the 28th day of April, 1883, one Carrie Fetter, of said town, took into her…
1Opinion of the Court
Rising, C.
The written contract, executed by Gerow and Fetter, is not a chattel mortgage or a substitute for one. None of the requirements of the law regulating the execution of such instruments were observed in its *563execution. Lucas v. Campbell, 88 Ill. 447, 450. For this reason the provisions of the chattel mortgage act have no application to this case. The contract shows a conditional sale of the piano therein mentioned. Murch v. Wright, 46 Ill. 487; Lucas v. Campbell, 88 Ill. 447. Such conditional sale of the piano gave to the vendor the right to maintain an action against said vendee for…
Also in this document: Per curiam.
2Cases cited4 opinions
- Murch v. WrightIllinois Supreme Court · 1868
- Lucas v. CampbellIllinois Supreme Court · 1878
- McKee v. Bassick Mining Co.Supreme Court of Colorado · 1885
- Ketchum v. WatsonIllinois Supreme Court · 1860
3Cited by10 opinions
- Illinois Building Co. v. PattersonSupreme Court of Colorado · 1932
- Harbison v. TuftsColorado Court of Appeals · 1891
- Jones v. ClarkSupreme Court of Colorado · 1894
- Coors v. ReaganSupreme Court of Colorado · 1908
- Larrance v. LewisIndiana Court of Appeals · 1912
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