Triplett v. Mansur & Tebbetts Implement Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Jno. M. Elliott, Judge. Where goods are sold on a credit to a merchant for resale, the doctrine of conditional sales does not apply in a controversy between the vendee and the assignee and creditors of the vendee.
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Appeal from Jefferson Circuit Court. Jno. M. Elliott, Judge. Where goods are sold on a credit to a merchant for resale, the doctrine of conditional sales does not apply in a controversy between the vendee and the assignee and creditors of the vendee. The reservation of title in such ease is void, and appellee is remanded to its remedy under the vendor's lien given by Sand. & H. Dig., § 4727. This lien is lost if the goods are assigned. 45 Ark. 136; 52 Ark. 450; ib. 458; 6 Daly, 305; 31 Barb. 650. When the notes were taken in payment of the original account, it devolved upon appellee to show…
1Opinion of the CourtHughes, J.
This is a suit in replevin, brought in the Jefferson circuit court, by Mansur & Tebbetts Implement Company, of St. Louis, against C. H. Triplett, assignee of H. C. McGaughy, who failed in business in Pine Bluff in February, 1897, making an assignment to C. H. Triplett; the goods, wares and merchandise amounting to $1,339.01. The complaint states that the plaintiff (appellee herein) is a Missouri corporation, engaged in the manufacture and selling of hardware, machinery, tools, plows, grist mills, etc.; that the defendant, C. H. Triplett, assignee (appellant herein), is the assignee of H. C.…
2Cases cited6 opinions
- Perkins v. MettlerCalifornia Supreme Court · 1899
- McIntosh v. HillSupreme Court of Arkansas · 1886
- Henry v. ConleySupreme Court of Arkansas · 1886
- Simpson v. ShackelfordSupreme Court of Arkansas · 1886
- Edgewood Distilling Co. v. ShannonSupreme Court of Arkansas · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cullin-McCurdy Construction Co. v. Vulcan Iron WorksSupreme Court of Arkansas · 1910
- James Talcott, Inc. v. Associates Discount Corporation and Mr. And Mrs. F. O. McConnell D/B/A McConnell Heavy HaulingCourt of Appeals for the Eighth Circuit · 1962
- Lockwood Bros. v. Frisco Lumber Co.Supreme Court of Oklahoma · 1908
- Triumph Electric Co. v. PattersonCourt of Appeals for the Eighth Circuit · 1914
- Swofford Bros. Dry Goods Co. v. BryantCourt of Appeals for the Eighth Circuit · 1907
14 more not listed; retrieve them via the Exa API.