S. Hirsch & Co. v. Steele
Utah Supreme Court
Appeal from the district court of the fourth judicial district, Hon. James A. Miner, Judge. Action of claim and delivery of S. Hirscb & Company against H. E. Steele, constable. From - a judgment for plaintiff, defendant appeals. The doctrine of conditional sales does not apply or govern in a case where a wholesale vendor sells personal property on credit and delivers the same to a retail dealer for the purpose of resale by such vendee.
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Appeal from the district court of the fourth judicial district, Hon. James A. Miner, Judge. Action of claim and delivery of S. Hirscb & Company against H. E. Steele, constable. From - a judgment for plaintiff, defendant appeals. The doctrine of conditional sales does not apply or govern in a case where a wholesale vendor sells personal property on credit and delivers the same to a retail dealer for the purpose of resale by such vendee. Winchester v. Carmen, 9 N. E. R. 70? (58 Am. Rep. 382). There is a distinction between specific property, such as an organ, wagon, safe and other articles…
1Opinion of the Court
Smith, J.:
Plaintiffs delivered goods to one S. A. Miller under the following written contract: “Salt Lake, Utah, Feb. 26, *20’92. This contract bet. S. Wilmer, Agent for S. Hirsch & Co. of Kansas City, Mo., of the first part, and S. A. Miller, party of the second part, S. Wilmer as agent for above firm agrees to put in 400 or 500 doll, worth of liquors consisting of three bar. of whiskey, namely, Blue Grass, Stag Head, Edgwater and six half barrels ass. brandis. Those goods to be the sole property of said firm and we have the right to demand our goods at any time we see fit to do so. Party of…
2Cases cited8 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Winchester Wagon Works & Manufacturing Co. v. CarmanIndiana Supreme Court · 1887
- Ludden v. HazenNew York Supreme Court · 1860
- Lewis v. McCabeSupreme Court of Connecticut · 1881
- Armington v. HoustonSupreme Court of Vermont · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Edwards v. Baldwin Piano Co.Supreme Court of Florida · 1920
- International Harvester Co. of America v. PoduskaSupreme Court of Iowa · 1930
- Freed Furniture & Carpet Co. v. SorensenUtah Supreme Court · 1905
- Charles Lippincott & Co. v. RichUtah Supreme Court · 1899
- First Nat. Bank of Evanston v. Bank of WaynesboroCourt of Appeals for the Eighth Circuit · 1919
3 more not listed; retrieve them via the Exa API.