Albright v. Meredith
Ohio Supreme Court
Error to the Circuit Court of Columbiana county. The action below was in replevin brought by George W. Meredith, defendant in error, against E. A. Albright, constable, plaintiff in error, before a justice of the peace, to recover possession of a cash register. Judgment was given for Meredith. On appeal, a like judgment was rendered by the court of common pleas, which was affirmed by the circuit court.
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Error to the Circuit Court of Columbiana county. The action below was in replevin brought by George W. Meredith, defendant in error, against E. A. Albright, constable, plaintiff in error, before a justice of the peace, to recover possession of a cash register. Judgment was given for Meredith. On appeal, a like judgment was rendered by the court of common pleas, which was affirmed by the circuit court. A further statement of the case will be found in the opinion. ■ The question then is, in the main: Did the Cash Register Company lose its lien under its conditional sale contract by a failure to…
1Opinion of the CourtSpear, C. J.
The essential facts are as follows:
May 28, 1891, one J. A. Morrow, Jr., purchased a cash register from the National Cash Register Company for a consideration of $175, on a conditional sale contract, to be paid for by installments of $15 each, which were represented by promissory notes. July 18, following, a copy of the contract was duly filed in the office of the clerk of the township where Morrow resided, which contract remained on file.
*200December 10, 1891, Morrow duly executed and delivered to Meredith a valid chattel mortgage on the register, which was duly filed in the office of the…
2Cases cited4 opinions
- Crompton v. PrattMassachusetts Supreme Judicial Court · 1870
- Day v. BassettMassachusetts Supreme Judicial Court · 1869
- Merchants & Planters Bank v. J. H. Thomas & SonsTexas Supreme Court · 1887
- O'Bryan Bros. v. DavisSupreme Court of Alabama · 1893