Deparquet, Huot & Moneuse Co. v. Maguire

• Decision Date: 15 December 1931
• Citation: 114 Conn. 69,157 A. 411
• Parties: DEPARQUET, HUOT & MONEUSE CO. v. MAGUIRE et al.
• Court: Connecticut Supreme Court

157 A. 411

114 Conn. 69

DEPARQUET, HUOT & MONEUSE CO. v. MAGUIRE et al.

Supreme Court of Errors of Connecticut.

December 15, 1931

Appeal from Superior Court, Fairfield County; Edwin C. Dickenson Judge.

Action by Deparquet, Huot & Moneuse Company against Walter N Maguire and others, receivers of the Great Captains' Island, Incorporated, claiming that plaintiff be declared owner of merchandise sold and for other relief. The case was tried to the court. Judgment for defendants, and plaintiff appeals.

No error.

Robert R. Rosan, of Port Chester, N. Y., for appellant.

John D. Walker, of Stamford, for appellees.

Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY JJ.

MALTBIE, C.J.

The essential facts upon which this case must be decided may be briefly stated as follows: The Great Captains' Island Incorporated, a corporation, made an agreement with the plaintiff to purchase of it certain equipment and utensils for a restaurant. This agreement did not specify the items but provided that they were to be selected by the corporation subject to the plaintiff's approval. The agreement fixed a price, subject to increase if more articles were purchased than anticipated; it specified that a certain cash payment should be made, and that the balance of the agreed price should be represented by a note; it stipulated that title to the articles should be retained by the plaintiff until complete payment for them had been made; and it also provided that immediately upon the delivery and installation of the articles a conditional bill of sale should be delivered to the plaintiff. Thereafter various articles were delivered to the corporation and many of them were permanently installed as fixtures in the building in which they were to be used. The amount due the plaintiff in cash was paid, and the note for the balance was given to it. Later certain articles were delivered back to the plaintiff for safe-keeping under an agreement that this was done without prejudice to its right to receive a conditional bill of sale. The original agreement was acknowledged by both parties before a commissioner of deeds in New York, and was recorded in the town clerk's office in Stamford. No conditional bill of sale as provided in the agreement was ever executed, despite frequent demands by the plaintiff, nor has the note given to it ever been paid. The defendants Maguire and Booth are receivers duly appointed in the United States District Court for the District...