Naylor v. Simmons
Idaho Supreme Court
APPEAL from the District Court- of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action in replevin. Judgment for plaintiff. The word “owner” as applied to personal property is defined to be the person-who has the possession and control of a chattel; the person in control of a vehicle, either mediately or immediately, and not the literal and technical owner.
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APPEAL from the District Court- of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge. Action in replevin. Judgment for plaintiff. The word “owner” as applied to personal property is defined to be the person-who has the possession and control of a chattel; the person in control of a vehicle, either mediately or immediately, and not the literal and technical owner. (29 Cyc. 1550, note 28; Keith v. Maguire, 170 Mass. 210, 48 N. E. 1090; Kornbein v. Blanchard, 4 Colo. App. 92, 35 Pac. 187; Gamp v. Rogers, 44 Conn. 291; Kart-ford v. Brady, 114 Mass. 466, 19 Am. Rep. 377.)…
1Opinion of the CourtMorgan, C. J.
This case was submitted to the district court on stipulated facts to the effect that respondent entered into a conditional sale contract, in writing, with *322Ben Muir to sell an automobile for $750; that possession thereof was delivered to Muir, but in the contract it was agreed the title to, ownership, and right to possession of it were to remain in respondent until the purchase price should be paid in full; that Muir rented the automobile to M. B. Sullivan for the purpose of transporting whisky from Wapello to Blackfoot and while engaged in making that use of it the latter was arrested, and…
2Cases cited7 opinions
- One Hudson Super-Six Automobile v. StateSupreme Court of Oklahoma · 1920
- State v. DavisUtah Supreme Court · 1919
- Pease v. Teller Corp.Idaho Supreme Court · 1912
- Boles v. StateSupreme Court of Oklahoma · 1920
- Berlin Machine Works v. Dehlbom Lumber Co.Idaho Supreme Court · 1919
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3Cited by2 opinions
- Molyneux v. Twin Falls Canal Co.Idaho Supreme Court · 1934
- Commercial Credit Corp. v. StateCourt of Appeals of Maryland · 1970