Estey v. Truxel
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. On the twenty-ninth day of December, 1884, the plaintiff filed suit in attachment against the defendant Truxel. Under the writ, the sheriff, about noon of the third day of the next month, seized, as the property of Truxel two pianos, then in charge of the railroad agent, at the depot in the city of Sedalia.
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Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. On the twenty-ninth day of December, 1884, the plaintiff filed suit in attachment against the defendant Truxel. Under the writ, the sheriff, about noon of the third day of the next month, seized, as the property of Truxel two pianos, then in charge of the railroad agent, at the depot in the city of Sedalia. At the return term of the action Cumston interpleaded, claiming to be the owner and entitled to the possession of the said pianos. Verdict and judgment for interpleader, from which plaintiff has…
1Opinion of the CourtPhilips, P. J.
I. The law is, that until the goods shipped were delivered to the insolvent vendee, they were subject in transitu to the right of the vendor to countermand the sale and reclaim the property. Benjamin on Sales, pages 1069, 1070, lays down the rule thus : “ The transit is held to continue from the time the vendor parts with the possession until the purchaser acquires it; that is to say, from the time the vendor has so far made delivery that his right of retaining the goods and his right of lien * * * are gone, to the time when the goods have reached the actual possession of the buyer. * * * The…
2Cases cited5 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Potter v. McDowellSupreme Court of Missouri · 1860
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860
3Cited by2 opinions
- Letts-Spencer Grocery Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Long Bell Lumber Co. v. Chicago Burlington & Quincy RailroadMissouri Court of Appeals · 1914