Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...Action for the price of goods by the Sattley Manufacturing Company against Philip M. Hildebrand, trustee, and others. From a Judgment in favor of plaintiff and against defendant Hildebrand severally, he appeals. Affirmed. Hammond & Rogers, for appellant Gavin & Davis, for appellee. ROBINSON, a J. The special finding shows these facts: On January 7, 1806, under a written contract that day made, the firm of Beals & Orr ordered of appellee certain goods; the firm agreeing "to hold all goods and the proceeds of all sales of goods received under this contract, whether the proceeds are in notes, cash, or book accounts, as collateral security in trust and for the benefit of, and subject to the order of, the Sattley Manufacturing Company, until we have paid in full, In cash, all our obligations due the said Sattley Manufacturing Company." Pursuant to the contract, appellee delivered to the firm certain goods. Afterwards, September 14, 1896, the firm executed and delivered to appellant as trustee, a mortgage, which was duly recorded, and the firm put appellant in possession of all the property mentioned In the mortgage. Appellant obtained the mortgage and possession of the property for the purpose of the trust expressed in the mortgage, without any notice or knowledge on his part of the contract between appellee and the firm of Beals & Orr, and to secure indebtedness theretofore incurred by the firm in purchase of goods from creditors therein named, in the ordinary course of business. Among the property covered by the mortgage, and which passed into the possession of appellant was an amount against George Anthony, upon the books of the firm, for $122.97, which has not been paid, and the consideration for this amount was...