Broach & Co. v. David

1. “Where the payee named in an instrument evidencing an indebtedness for the purchase-pri'ee of personal property, and reserving to the payee as seller the title thereto until the indebtedness shall be paid, assigns the instrument, and not merely the indebtedness evidenced thereby, the assignee thereof may maintain trover for the property upon the title so reserved, [or may set up title in a claim ease], although the assignment may have been made ‘without recourse.’” West Yellow Pine Co. v. Kendrick, 9 Ca. App. 350 (71 S. E. 504).(a) The Supreme Court, in Townsend v. Southern Product Co.,…