Legal Opinion · Dissent

Jennings v. Schwartz

Washington Supreme Court

Decided June 30, 1915No. 11851Published

Appeal from a judgment of the superior court for King county, Humphries, J., entered November 20, 1913, upon findings in favor of the defendant, in an action for conversion, tried to the court.

1DissentFullerton, J.

(dissenting) — On the hearing of this cause before the Department, two questions only were presented for decision, namely, the validity of the conditional sale contract as to the creditors of the vendee, and the value of the boiler. It was assumed without question by both sides that if the con*206tract was void as to creditors — that is to say, was not signed by both the vendor and vendee, the retaking of the boiler by the vendor was wrongful and recovery could be had by the trustee in bankruptcy. This is made clear by a mere cursory examination of the briefs of counsel. The appellant stated the…

2Cases cited15 opinions

  1. Thompson v. Huron Lumber Co.Washington Supreme Court · 1892
  2. Lybarger v. StateWashington Supreme Court · 1891
  3. State ex rel. Milwaukee Terminal Railway Co. v. Superior CourtWashington Supreme Court · 1909
  4. B. Schade Brewing Co. v. Falls City Pickle WorksWashington Supreme Court · 1909
  5. Biddle Purchasing Co. v. Port Townsend Steel Wire & Nail Co.Washington Supreme Court · 1897

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