Jones v. Clark
Supreme Court of Colorado
Error to the County Court of Pitkin County. The facts upon which the question presented for our consideration upon this review arose are in brief as follows: Clark and Denman, the defendants in error, brought an action against Samuel Fickes and Samuel Bennett to recover for goods, wares and merchandise sold and delivered, sued out a writ of attachment and levied upon one “ engine ‘Reliable ’ No. 78; one ‘ Bay State ’ boiler, thirty-five horse power; one No. 2 ‘Dixie ’…
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Error to the County Court of Pitkin County. The facts upon which the question presented for our consideration upon this review arose are in brief as follows: Clark and Denman, the defendants in error, brought an action against Samuel Fickes and Samuel Bennett to recover for goods, wares and merchandise sold and delivered, sued out a writ of attachment and levied upon one “ engine ‘Reliable ’ No. 78; one ‘ Bay State ’ boiler, thirty-five horse power; one No. 2 ‘Dixie ’ sawmill and attachments, including saws and all sawmill attachments; one inspirator,”' as the property of Samuel Bennett, and…
1Opinion of the CourtJustice Goddard
It being conceded that Fickes & Bennett held possession of the property in question by virtue of the agreement of sale above set forth, and had not paid the agreed consideration therefor, the sole question presented by the record is whether a conditional sale of this character can be upheld as against a creditor of the vendee, who becomes such with full knowledge of its terms. There would be no difficulty in answering this question were it not for the former decisions of this court. In the case of George v. Tufts, 5 Colo. 162, conditional sales of this kind are held to be “ constructively…
2Cases cited9 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Cook v. MannSupreme Court of Colorado · 1881
- Jennings v. GageIllinois Supreme Court · 1852
- Brundage v. CampIllinois Supreme Court · 1859
- Porter v. DementIllinois Supreme Court · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Turnbull v. ColeSupreme Court of Colorado · 1921
- Illinois Building Co. v. PattersonSupreme Court of Colorado · 1932
- Coors v. ReaganSupreme Court of Colorado · 1908
- Singer Manufacturing Co. v. ConverseSupreme Court of Colorado · 1896
- Buchanan v. Scandia Plow Co.Colorado Court of Appeals · 1895
9 more not listed; retrieve them via the Exa API.