Greer v. Church & Co.

• Decision Date: 19 November 1877
• Citation: 76 Ky. 430
• Court: Kentucky Court of Appeals
• Parties: Greer v. Church & Co.

76 Ky. 430

Greer v. Church & Co.

Court of Appeals of Kentucky.

November 19, 1877.

APPEAL FROM KENTON CIRCUIT COURT.

R. D. HANDY FOR APPELLANT.

BENTON & BENTON FOR APPELLEES.

JUDGE COFER DELIVERED THE OPINION OF THE COURT.

January, 1876, the appellees brought this suit in the Kenton Circuit Court against the appellant for the recovery of one Behring & Klix piano, No. 4,617, alleging that they were the owners thereof, and that it was in the possession of the appellant, who unlawfully and without right detained it from their possession.

The appellant admitted the piano was in his possession, but denied that the appellees were the owners, or entitled to the possession.

On the trial the appellees, to prove title in themselves, read to the jury the following contract, proved to have been entered into by them with Mrs. Belle Martin at its date:

                                           "CINCINNATI, O., October 20, 1872
                

"This agreement witnesseth, that J. Church & Co., party of the first part, have this day rented to Mrs. Belle Martin, party of the second part, residing at No. 207 West Fifth Street, Covington, Ky., one Behring & Klix piano, No 4,617, valued at $550, to be used only by said party of the second part, her family and friends, in her residence, and not to be removed therefrom without the written consent of said J. Church & Co. indorsed hereon.

"The party of the second part agrees to pay for the rent of said instrument $400 for the first month (represented by a lot in Covington deeded to J. C. & Co. by Mrs. Martin) and $10 per month for six months thereafter, then $20 per month, payable in advance on the 28th day of each month, beginning at date, at the store of said J. Church & Co., Cincinnati, Ohio, without any demand whatever to be made therefor.

"The said renting may be terminated at any time by said J. Church & Co. at their option by the failure of said party of the second part to pay said specified rent when the same shall become due, or by the use of said instrument in any manner other than that provided for above, or by the removal of said instrument from the place above described, or by abuse of the same, or by any other circumstances that may give said J. Church & Co. reason to fear for the safety of said instrument.

"The said party of the second part agrees to take good care of said instrument, keep the same in good order, and to return the same to said J. Church & Co. whenever said renting may be terminated, whether at the expiration of eleven months, or by failure to comply with the terms above mentioned.

"If the said party of the second part desires to become a purchaser of said instrument, she may do so at any time during the continuance of said renting, by the payment of $550, in which case all sums paid for rent within eleven months (should said renting so long continue) will be deducted from said sum, but this privilege to purchase said instrument shall in no way interfere with the right of said J. Church & Co. to control said instrument (all property remaining in them) until said purchase-money is paid.

                                                              J. CHURCH & Co
                                                              BELLE MARTIN."
                

The appellant offered evidence to prove that he purchased the piano of Mrs. Martin about three or four months before this suit was brought, and paid therefor a valuable and full consideration, and immediately took it into his possession; that Mrs. Martin paid $400 at...