Lane v. J. E. Roach's Banda Mexicana Co.
New Jersey Court of Chancery
On petition to determine right of parties in chattels in possession of receiver. In September, 1909, a written conditional sale agreement was made between Charles G. Conn, a manufacturer of musical instruments in Indiana, and the Roach’s Banda Mexicana Company, a corporation of Colorado, whereby Conn agreed to sell to that corporation certain musical instruments upon condition that the corporation would pay for the same in certain specified installments, it being stipulated…
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On petition to determine right of parties in chattels in possession of receiver. In September, 1909, a written conditional sale agreement was made between Charles G. Conn, a manufacturer of musical instruments in Indiana, and the Roach’s Banda Mexicana Company, a corporation of Colorado, whereby Conn agreed to sell to that corporation certain musical instruments upon condition that the corporation would pay for the same in certain specified installments, it being stipulated in the agreement that title should remain in the vendor until the installments were fully paid. The contract was made in…
1Opinion of the Court
Leaming, V. C.
Under the law of Indiana the conditional sale agreement was valid, and the title to the chattels remained in the vendor until the conditions of the contract were performed; until that time the vendee coúld not, as against the vendor, confer a title upon an innocent purchaser or mortgagee without notice. Winchester Wagon Works v. Carman, 109 Ind. 31.
In Cooper v. Philadelphia Worsted Co., 68 N. J. Eq. (2 Robb.) 622, it is determined that in cases of this nature it is the law of the situs of the property at the time the contract is made which must control. The conditional sale…
2Cases cited8 opinions
- Winchester Wagon Works & Manufacturing Co. v. CarmanIndiana Supreme Court · 1887
- Thatcher v. . MorrisNew York Court of Appeals · 1854
- Cobb v. BuswellSupreme Court of Vermont · 1864
- Mershon v. MoorsWisconsin Supreme Court · 1890
- Baldwin v. HillCourt of Appeals of Kansas · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of St. Albans v. AverySupreme Court of Vermont · 1921
- Leeds v. HarrisonNew Jersey Superior Court Appellate Division · 1950
- E. I. Du Pont de Nemours Powder Co. v. Jones Bros.District Court, S.D. Ohio · 1912
- First Camden, Trust v. Hiram Lodge No. 81New Jersey Court of Chancery · 1944
- Rodecker v. JannahWashington Supreme Court · 1923
8 more not listed; retrieve them via the Exa API.