In re Spain

• Decision Date: 03 July 1891
• Citation: 47 F. 208
• Parties: In re SPAIN et al.
• Court: U.S. Court of Appeals — Fourth Circuit

47 F. 208

In re SPAIN et al.

United States Circuit Court, E.D. North Carolina.

July 3, 1891

BOND J.

The above-named parties were employed by Gately & Conroy manufacturers and dealers in agents' specialties, to sell their goods, which consisted of lamps, lamp-shades, casters lambrequins, and every variety of household goods. Gately &amp Conroy were citizens of West Virginia, and their manufactory was at Charleston in that state. The petitioners, in pursuit of their business, reached Raleigh, N.C., and proceeded to sell the goods of Gately & Conroy on the installment plan, by samples. Their method was to carry samples from door to door and, if they found anything exhibited was wanted by the householder, the householder or purchaser ordered it by written order direct from the manufacturers at Charleston, W.Va. No sample in the hands of the petitioners was ever sold. When the purchasers' orders reached Charleston the variety of household articles were all packed in one or more boxes, and were consigned to petitioners, to be by them delivered. Upon delivery the purchaser signed another contract with the manufacturers, respecting future payments, which was forwarded to them at Charleston. The form of the order and agreement to pay on the installment is here inserted:

Date .......... 189 . Place ..................... Date........ 189..........

Subscriber .......... This is to certify that I have this day ordered from

Address ............. Gately & Conroy, through their agent.................

Aritcle ............. ....one .................. ..........................

Price ............... to be delivered .......... ..........................

Delivered ..... 189 . Signed .................... ..........................

Amount paid ......... Address ................... ..........................

Agent ............... Occupation ................ ..........................

NOTE. All canvassing required to be done by sample, and above spaces filled. Collect

No agreement recognized that is not contained in this contract.

For the sum of $ . . ., to be paid by me, the undersigned, Gately &amp Conroy have this day sold and delivered to me the following chattels: * * * I have paid on account of said purchase price the sum of $ . . . cash, and I am to pay the balance as follows: $ . . . each and every . . . until the full amount is paid. To secure deferred payments I hereby relinquish unto the said Gately & Conroy all my right, title, and ownership in and to said chattels, to have and to hold the same until said indebtedness is paid; and in consideration that I will meet said payments promptly, and will safely keep said chattels, and use the same with care at . . ., and that I will not remove the same therefrom, without their knowledge and consent first obtained, the said Gately & Conroy hereby permit me to hold said chattels for them, and to enjoy the use of the same, while in my possession, on the following conditions: If I fail to promptly pay any one of said deferred payments when the same become due, or if I misuse said chattels, or remove, or attempt to remove, the same, or any part thereof, from said location, or in case of the seizure of the same by process of law, or in case the said Gately & Conroy have, in their opinion, good reason to fear for the safety of their interest in said chattels, the said Gately & Conroy are to have, and are thereby conceded, the right to take said chattels back into their possession, without previous demand, and without legal writ; and for that purpose I hereby give them or...