Tillman v. Janks

Opinion by

Wi-iite, P. J.

§172. Sale of personal property; possession of, remaining with vendor, prima facie fraudulent; estoppel; facts held to establish; case stated. One Irvine, who was running a saloon in the city of Marshall, owed appellant, Tillman, $600, and owed appellee, Janks, $1,200. He was indebted to other parties, and both Tillman and Janks knew him to be in failing circumstances, if not entirely, insolvent. On the 25th of March, one Strauss, as agent of Tillman, purchased of Irvine for Tillman three barrels of whisky which were in the saloon, for which Irvine was to be credited…