Moon v. Wright

1. Where one buys live stock on credit, and takes possession under a conditional bill of sale, which provides that, should any of the stock die, the purchaser shall “stand the loss,” it is no defense to an action of trover, brought after the failure to pay the purchase-money at maturity, that some of the stock died before and some after the suit was brought. Especially is this true where bond for the forthcoming of all the property was given in the trover case, as provided in the Civil Code, § 5151, and it was not shown that the death of the live stock was due to the act of God and was in no…