Thomas Manufacturing Co. v. Drew
Supreme Court of Minnesota
Action in replevin in the district court for Hennepin county to recover possession of 48 bicycles. The wheels were manufactured by plaintiff, and were delivered in the spring of 1896 to one C. C. Taylor. They were so delivered under written order providing that title to the wheels should remain in plaintiff until they were paid for in full. None of the wheels were paid for. On May 14, 1896, Taylor made a voluntary assignment for the benefit of creditors to the defendant.
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Action in replevin in the district court for Hennepin county to recover possession of 48 bicycles. The wheels were manufactured by plaintiff, and were delivered in the spring of 1896 to one C. C. Taylor. They were so delivered under written order providing that title to the wheels should remain in plaintiff until they were paid for in full. None of the wheels were paid for. On May 14, 1896, Taylor made a voluntary assignment for the benefit of creditors to the defendant. The wheels were taken by defendant the same day. Plaintiff having demanded the wheels from defendant brought this action on…
1Opinion of the Court
COLLINS, ,T.
In Thomas v. Foote, 46 Minn. 240, 48 N. W. 1019, it was conceded by counsel, taken for granted by the court and held, that a conditional contract of sale of personal property, — a sale with a condition that title to and ownership of the property shall remain in the vendor until paid for in full,- — but not filed as provided by G-. S. 1894, §§ 4148, 4149, was absolutely void as to all creditors of the vendee at the time of his assignment under the insolvency laws who had no actual notice of the state of the title at that time.
Counsel for appellant, urging that the controversy in…
2Cases cited8 opinions
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Dyer v. ThorstadSupreme Court of Minnesota · 1886
- Flower v. CornishSupreme Court of Minnesota · 1879
- Kingman v. BartonSupreme Court of Minnesota · 1877
- Shay v. Security BankSupreme Court of Minnesota · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
- Gridley v. MyersSupreme Court of Minnesota · 1898
- Kellogg v. KelleySupreme Court of Minnesota · 1897