Heryford v. Davis
Supreme Court of the United States
Error to the Circuit Court of the United States for the Western District of Missouri. This is an action under the statutes of Missouri, by Henry H. Davis, sheriff of Chariton County, for the use of the Jackson and Sharp Company, a corporation under the laws' of Delaware, upon a bond executed and delivered to him by William Heryford and James W. Lewis, to indemnify him against all damages which he might sustain in consequence of the seizure and sale of certain cars levied…
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Error to the Circuit Court of the United States for the Western District of Missouri. This is an action under the statutes of Missouri, by Henry H. Davis, sheriff of Chariton County, for the use of the Jackson and Sharp Company, a corporation under the laws' of Delaware, upon a bond executed and delivered to him by William Heryford and James W. Lewis, to indemnify him against all damages which he might sustain in consequence of the seizure and sale of certain cars levied upon as. the property of the Keokuk and Kansas City Railway Company, under an execution sued out on a judgment rendered in…
1Opinion of the CourtJustice Strong
The correct determination of this case depends altogether upon the .construction that must be given to .the • contract between the Jackson & Sharp' Company and the railroad company, against which the defendants below recovered their judgment and obtained-their execution. If that contract, was amere lease of the cars to the railroad company, or if it was only a conditional sale, which did not pass.the ownership until the condition should be performed, the property was not subject to levy and sale under execution at the' suit of the defendant against the company. But if, on the other hand, the…
2Cited by149 opinions
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Harkness v. RussellSupreme Court of the United States · 1886
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Orla E. Watson and Edith Watson v. United StatesCourt of Appeals for the Tenth Circuit · 1955
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