Public Parks Amusement Co. v. Embree-McLean Carriage Co.
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. ' This is an action in replevin by the appellee to recover certain passenger carts, a wagonette, and a phaeton sold and delivered by the appellee to the appellant upon the condition that the title to the same should remain in the appellee until they should be fully paid for.
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Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. ' This is an action in replevin by the appellee to recover certain passenger carts, a wagonette, and a phaeton sold and delivered by the appellee to the appellant upon the condition that the title to the same should remain in the appellee until they should be fully paid for. Following is a copy of one of the notes, all of which are alike substantially, that were given for the purchase'price of the vehicles: “$127.34. St. Louis, May 21, 1891. “ Six months after date we, or either of us, promise to pay to the…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The statute of Missouri, requiring the record in that state of an1 instrument by which title to personal property is retained in the vendor thereof, until payment therefor is fully made, to give it validity against creditors, has no operation or effect in Arkansas. By the laws of Missouri, as proved in this case, the reservation of title by the seller .until the property is paid for, though invalid as against third persons, unless the contract is reduced to writing, acknowledged and duly recorded, is valid as between the parties; and if the purchaser,…
2Cases cited2 opinions
- Jones v. JonesSupreme Court of Alabama · 1850
- Weinstein v. FreyerSupreme Court of Alabama · 1890
3Cited by14 opinions
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- Aultman & Taylor Machinery Co. v. KennedySupreme Court of Iowa · 1901
- Hart v. Oliver Farm Equipment Sales Co.New Mexico Supreme Court · 1933
- Pruitt Truck & Implement Co. v. FergusonSupreme Court of Arkansas · 1950
- Mergenthaler Linotype Co. v. HullCourt of Appeals for the First Circuit · 1916
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