Omaha Book Co. v. Sutherland
Nebraska Supreme Court
This was an action of replevin brought in the district court of Colfax county - by the Omaha Book Company against the Sutherlands, to recover certain goods and chattels of the alleged value of $300. The facts necessary to an understanding of the case here are, that Sprecher being indebted to the Book Company, gave them"a bill of sale of his stock of goods, which was filed and recorded in the county clerk’s office.
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This was an action of replevin brought in the district court of Colfax county - by the Omaha Book Company against the Sutherlands, to recover certain goods and chattels of the alleged value of $300. The facts necessary to an understanding of the case here are, that Sprecher being indebted to the Book Company, gave them"a bill of sale of his stock of goods, which was filed and recorded in the county clerk’s office. Sprecher remained in possession of the goods, making sales and applying proceeds on indebtedness owing to the Book Company. He disposed of the goods in controversy here to the…
1Opinion of the CourtCobb, J.
The bill of sale, though absolute On its face, was accompanied by a verbal defeasance, an ■ agreement that when five hundred dollars should be paid by Sprecher, either from the sales of goods or from outside sources, the Omaha Book Company was to sell back the remaining goods to him on credit, the price to be the amount remaining due the company of the original indebtedness, and interest. This bill of sale and verbal agreement, taken together, was, as between the parties, a chattel mortgage. See Herman on Chattel Mortgages, §§ 19 and 20, and authorities there cited. So that, were this a…
2Cited by3 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Kemp v. SmallNebraska Supreme Court · 1891
- In re BurrowsDistrict Court, D. Indiana · 1877