McArthur Bros. Mercantile Co. v. Hagihara
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. Alfred C. Lockwood, Judge. STATEMENT OF FACTS. The plaintiff, Francisco Hagihara, brought this action against the defendant, McArthur Brothers Mercantile Company, a corporation, to recover damages for the alleged conversion of an automobile.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. Alfred C. Lockwood, Judge. STATEMENT OF FACTS. The plaintiff, Francisco Hagihara, brought this action against the defendant, McArthur Brothers Mercantile Company, a corporation, to recover damages for the alleged conversion of an automobile. From a judgment, in favor of the plaintiff, in the sum of eight hundred and fifty dollars, and sixteen dollars and twenty cents costs, the defendant prosecutes this appeal. The facts were stipulated, from which it appears that Hagihara bought the automobile from the defendant, under a…
1Opinion of the CourtBaker, J.
(After Stating the Facts as Above.)— The principal inquiry involved in this case is a very narrow one. The question is whether the contract recited shall be treated as a conditional sale of the automobile, or an absolute sale with a so.-called mortgage back as security for the purchase price, as evidenced by the promissory notes. I think that the intention of the parties contemplated only a conditional sale until the payment of the purchase price.
“It is a distinguishing feature of the so-called conditional sale that the title to or property in the goods remains in the seller until payment of…
2Cases cited20 opinions
- Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Harkness v. RussellSupreme Court of the United States · 1886
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Van Allen v. FrancisCalifornia Supreme Court · 1899
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3Cited by10 opinions
- O. S. Stapley Co. v. RogersArizona Supreme Court · 1923
- Bowden v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1950
- Street v. Commercial Credit Co.Arizona Supreme Court · 1929
- Automatic Voting MacHine Corp. v. County of MaricopaArizona Supreme Court · 1937
- RCA Corporation v. State Tax Commission of MissouriSupreme Court of Missouri · 1974
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