110 Iowa 267 | Iowa | 1900
Plaintiffs and the defendant .firm of Levi & Co-. are wholesale dealers in millinery goods. The former were located at Keokuk, and the latter at Burlington, in this state. Prior to Augmst 7, 1897, one Stella McClellan was engaged in the retail millinery business at Morning Sun. She was indebted to each of said firms. Having made, as she believed, arrangements for selling her business to a Mrs. Daniels, Miss McClellan left Morning Sun on the date last given, leaving the key of her store with her landlord, Mr. Morrison, for delivery to Mrs. Daniels when.! the latter should appear to consummate the sale. Mrs. Daniels never appeared. For some reason the sale to her fell through. After learning that this sale was not to be carried out, Miss McClellan went to Keokuk, and sold her "stock to plaintiff firm in .part payment of her
II. There was a claim that defendants had actual notice of plaintiff’s title prior to the levy of the writ. In giving the case to the jury the court submitted this issue, to be passed upon in the event they found that Miss McClellan was in actual possession of the goods at the time of the sale. We do not know upon what theory the jury reached a verdict. But inasmuch as, under the undisputed testimony, the court might have well instructed, as matter of law, that Morrison was in possession at the time of the sale to plaintiffs, we do not feel called upon to pass on the question whether the evidence is sufficient to sustain the claim of notice. The instructions were correct, and no substantial error appears in the rulings on- evidence.