Gilbert Book Co. v. Sheridan
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The books, under the contract, were merely loaned to Reading; he was, therefore, simply a bailee, and hence without power to convey title, even to an innocent purchaser for value. Oyler v. Renfro, 86 Mo. App. 321; Moore v. Simms, 47 Mo. App. 182; Hendricks v. Evans, 46 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The books, under the contract, were merely loaned to Reading; he was, therefore, simply a bailee, and hence without power to convey title, even to an innocent purchaser for value. Oyler v. Renfro, 86 Mo. App. 321; Moore v. Simms, 47 Mo. App. 182; Hendricks v. Evans, 46 Mo. App. 313. (2) The transaction between Reading and respondent was not a “conditional sale” under the provisions of section 3412, Revised Statutes 1899: (a) There is no condition that the books shall belong to Reading whenever he shall pay a certain…
1Opinion of the CourtNortoni, J.
(after stating the facts). — It is earnestly contended on the part of appellant that the transaction between the Gilbert company and Mr. Reading, whereby Reading became possessed of the books in controversy, was a conditional sale and as such, falls within the inhibition of section 3412, Revised Statutes 1899, that in the absence of its being “executed, acknowledged and recorded as provided in cases of mortgages of personalty,” it is therefore void as to appellant who was, by his chattel mortgage, a subsequent creditor of Reading. By reference to section 3412, supra, on which appellant…
2Cases cited8 opinions
- Lee v. BowmanSupreme Court of Missouri · 1874
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Gentry v. TempletonMissouri Court of Appeals · 1891
- Coover v. JohnsonSupreme Court of Missouri · 1885
- Hendricks v. EvansMissouri Court of Appeals · 1891
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3Cited by6 opinions
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- American Clay Machinery Co. v. Sedalia Brick & Tile Co.Missouri Court of Appeals · 1913
- Patton v. Phoenix Brick Co.Missouri Court of Appeals · 1912
- Midwestern Machinery Co. v. ParsonsMissouri Court of Appeals · 1964
- Landreth Machinery Co. v. RoneyMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.