Simons v. Daly
Idaho Supreme Court
APPEAL ¡from District Court, Ada County. • The facts are sufficiently stated in the opinion. “The statute requires such a change as to preclude the hazard of the seller deriving a false credit from the continuance of his apparent ownership.” (Lesem v. Eerriford, 44 Mo. 325.) We submit that the case at bar is upon all-fours with the Missouri cases, and if the decisions there were correct, the same rule applies here.
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APPEAL ¡from District Court, Ada County. • The facts are sufficiently stated in the opinion. “The statute requires such a change as to preclude the hazard of the seller deriving a false credit from the continuance of his apparent ownership.” (Lesem v. Eerriford, 44 Mo. 325.) We submit that the case at bar is upon all-fours with the Missouri cases, and if the decisions there were correct, the same rule applies here. It is not enough that there is an actual delivery, and an actual change of possession between vendor and vendee, so long as the property without legal excuse is so placed back into…
1Opinion of the CourtAilshie, J.
Plaintiff commenced his action in the lower court against the defendants, charging them with wrongfully and unlawfully taking from the possession of plaintiff, on June 15, 1901, a stock of merchandise, together with store fixtures, of the value of $10,050; and defendants are further charged with the conversion of said property to their own use. Defendants answered, denying that any of said merchandise or fixtures was ever the property of plaintiff, but alleged that the same was, at the time of the seizure thereof by the defendant Daly as sheriff, the property of one Ad. M. Simons. Defendants…
2Cases cited4 opinions
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Claudius v. AguirreCalifornia Supreme Court · 1891
- Meads, Seaman & Co. v. LasarCalifornia Supreme Court · 1891
- Harkness v. SmithIdaho Supreme Court · 1891
3Cited by6 opinions
- Webster v. McCulloughIdaho Supreme Court · 1928
- Sweetland v. Oakley State BankIdaho Supreme Court · 1925
- Rapple v. HughesIdaho Supreme Court · 1904
- McMahon v. CooperIdaho Supreme Court · 1913
- Powelson v. KinneyIdaho Supreme Court · 1925
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