Gatzweiler v. Morgner
| Decision Date | 31 October 1872 |
| Citation | 51 Mo. 47 |
| Parties | FREDERICK W. GATZWEILER, SHERIFF OF ST. CHARLES COUNTY, TO USE OF ADMINISTRATOR OF JOHN ADAMS et al., Respondents, v. ALBIN MORGNER et al., Appellants. |
| Court | Missouri Supreme Court |
Appeal from St. Charles Circuit Court.
E. A. Lewis, for appellants.
W. A. Alexander, for respondents.
This was an action on a bond of indemnity given by the defendant Morgner as principal, and the other defendants as his sureties, to the plaintiff, as sheriff of St. Charles county, requiring him to proceed with the sale of certain goods and chattels levied on under an execution in favor of Morgner against one Barron, and which were claimed by Adams and Miller, for whose use this suit was brought.
Barron, the defendant in the execution, had been a partner in a store with the claimants, and testified that on the 9th day of September, 1865, he sold out his interest in the partnership goods to his co-partners, the claimants in this case; that the terms of the sale were that they allowed him credit for the amount of his private account, which, by the terms of the sale, was considered as paid, and that the claimants assumed all the debts of the partnership, and assumed to pay the notes he had given when he purchased the goods, on which they were his sureties, and that he delivered them the goods, and ceased to have any further control from that time, and that they hired him as clerk. He further stated that there were no writings executed on the 9th, although the sale was completed on that day. He also stated that, two or three days afterwards, he executed to them a bill of sale.
The execution was issued and delivered to the sheriff on the 11th of September, 1865, and levied on the 12th of the same month. There was evidence on the part of the defense, to the effect that one of the claimants, on the evening of the 9th of September, said he was going to buy out the store, and did not say that he had bought it out. The defendants make the point here that the sale was not completed till the bill of sale was executed; that the whole matter was in fieri till the delivery of the bill of sale; and, consequently, the title was in Barron when the execution was delivered to the sheriff.
As a matter of law, a bill of sale is not necessary to pass the title to personal property. A delivery of the possession of goods under a contract of purchase passes the title, and from that time they belong to the vendee and are at his...
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