Kollock v. J. P. Emmert & Co.
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. Richakd H. Field, Judge. (1) When the appellant paid the purchase money for the hogs, by agreement the title became vested in him ; when he sold the hogs to Weidlein, by express agreement, the title remained in him until the purchase price was paid to him ; and, inasmuch as the purchase price was never paid, the title remained in him and was in him at the time of the sale and conversion by respondents.
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Appeal from, the Jackson Circuit Court. — Hon. Richakd H. Field, Judge. (1) When the appellant paid the purchase money for the hogs, by agreement the title became vested in him ; when he sold the hogs to Weidlein, by express agreement, the title remained in him until the purchase price was paid to him ; and, inasmuch as the purchase price was never paid, the title remained in him and was in him at the time of the sale and conversion by respondents. The appellant is, therefore, entitled to recover the proceeds of the hogs now in the hands of the respondents. Sumner v. McFarlan, 15 Kan. 600 ;…
1Opinion of the CourtEllison, J.
This action is for the conversion of a carload of hogs. The circuit court sustained a demurrer to plaintiff’s evidence, and he appeals.
The dispute between these parties is whether the transaction between plaintiff and defendants’ vendor amounted to a conditional sale or a mortgage. If a mortgage it was void as to defendants, it not being recorded.
It may be stated generally that one Weidlein shipped a lot of hogs to defendants as his own and in his own name, and that plaintiff claimed to be the true owner of the hogs. Plaintiff’s claim is either that Weidlein bought the hogs and sold them to…
2Cases cited3 opinions
- Norris v. HarrisCalifornia Supreme Court · 1860
- Flato v. MulhallSupreme Court of Missouri · 1880
- Hill v. WilkerSupreme Court of Georgia · 1871
3Cited by3 opinions
- Witascheck v. GlassMissouri Court of Appeals · 1891
- Carroll Exchange Bank v. First National Bank of CarrolltonMissouri Court of Appeals · 1892
- Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914