85 Mo. 548 | Mo. | 1885
This is a suit in the nature of replevin to recover certain specific personal property described in. the petition, and known as the “thresher outfit.” Defendant obtained judgment, from which the plaintiff has. appealed. The facts are-as follows :
In July, 1876, plaintiff sold to J. W. Edwards, W. L. Edwards, and P. H. Edwards, the thresher outfit, for which they executed two notes for two hundred and ten dollars each, one of them payable on the first of November, 1876, and the other on the first day of October,-1877, in both of which notes it was expressly provided that the title or ownership of the property should not pass from the plaintiff until the property was fully paid for; that soon after the maturity of the first note, defendants made a payment of one hundred and fifty dol
On this state of facts, the court refused instructions asked by plaintiff, to the effect that under the conditions of the sale plaintiff was entitled to recover, although the jury might believe that defendant was a purchaser without notice of plaintiff’s claim, and gave the following :
“The court instructs the jury that although the plaintiff made a conditional sale of the machine to J. W. Edwards and others, and it was provided in the note given for the purchase price of the machine that the ownership thereof should remain in plaintiff until the said machine was paid, for; yet, if said note became due in 1876, and said machine was allowed to remain in possession of Edwards long after the maturity of said note, - and was never taken out of their possession, and if the defendant, in the year 1879, bought said machine in good faith of the Edwards and paid a valuable consideration therefor without any notice of plaintiff’s claim, then plaintiff cannot recover in this action.”
It is established by the following authorities that where there is a sale and delivery to the vendee of personal property, on the condition that the title is to re
The decision in the case of Robbins v. Phillips, 68 Mo. 101, to which we have been cited by counsel,' was put upon the express ground that the vendor, by accept
For the error committed in giving the instruction herein quoted, and in refusing to give those of plaintiff referred to, the judgment is reversed and the cause remanded.