Swartz v. Chappell
Supreme Court of Missouri
Appeal from Saline Circuit Court. The Circuit Court erred in instructing the jury that no title to the hemp passed by the bill of sale. 1. The agreement passed no title to the hemp. By the terms of the agreement, acts were to be done, in order to complete the sale and pass the property. 2. There was no delivery of the hemp, and as against an attaching creditor, delivery is essential to pass the property.
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Appeal from Saline Circuit Court. The Circuit Court erred in instructing the jury that no title to the hemp passed by the bill of sale. 1. The agreement passed no title to the hemp. By the terms of the agreement, acts were to be done, in order to complete the sale and pass the property. 2. There was no delivery of the hemp, and as against an attaching creditor, delivery is essential to pass the property. Lanfear v. Sumner, 17 Mass. 112. Parsons v. Dickerson, 11 Pick. 353. 3. Even if the court erred as to this point, the error has not prejudiced the defendant, and so is no ground for reversing…
1Opinion of the CourtGamble, Judge
Swartz & Swartz sued Geagen & Geagen, and caused an attachment to issue, which was levied upon a quantity of unbroken hemp, and upon two yoke of oxen. Chappell interpleaded, claiming the property attached as his.
On a trial of this claim of property, Chappell gave in evidence a document under seal, executed by the defendants, Geagens, in which it was declared that, in consideration of a quantity of four tons of hemp, sold and passed by them to Chappell, and for the consideration of two yoke of oxen sold, passed and delivered by them to Chappell, he engaged to take them to California, supply…
2Cited by5 opinions
- Rindskoff, Stern, Lauer & Co. v. RogersMissouri Court of Appeals · 1889
- Collins v. Wayne Lumber Co.Supreme Court of Missouri · 1895
- State Ex Rel. Major v. AllenSupreme Court of Missouri · 1925
- Jones' Administrator v. CovingtonSupreme Court of Missouri · 1855
- Lawrence v. Lawrence'sSupreme Court of Missouri · 1857