Welch v. National Cash-Register Co.

• Citation: 103 Ky. 30,44 S.W. 124
• Parties: WELCH v. NATIONAL CASH-REGISTER CO.
• Decision Date: 20 January 1898
• Court: Court of Appeals of Kentucky

44 S.W. 124

103 Ky. 30

WELCH v. NATIONAL CASH-REGISTER CO.

Court of Appeals of Kentucky.

January 20, 1898

Appeal from circuit court, Madison county.

"To be officially reported."

Action by the National Cash-Register Company against F. Weckerser to foreclose a chattel mortgage. Judgment foreclosing the mortgage, and S.E. Welch, Jr., who was made a party and asserted claim to the mortgaged property, appeals. Reversed.

T. J Coyle, for appellant.

W. S Moberly, for appellee.

WHITE J.

In May 1894, the appellee, the National Cash-Register Company, sold to F. Weckerser, a cash register at the price of $200, of which sum $30 was paid cash, and for the balance due notes were executed, payable monthly, two of which notes were paid. In the order for the machine, which was signed by Weckerser there appears this clause: "It is agreed that the title of said cash register shall not pass until the same is paid for in full, and shall remain your property until that time." This order bears date May 18, 1894. The notes executed for the deferred payments on the machine all bear date of June 4, 1894. In December, 1894, appellant purchased the cash register from Weckerser, and at that time paid for same the agreed price, $150, and was in the possession of same when, on March 19, 1895, appellee brought suit against Weckerser, seeking to foreclose its mortgage on the cash register which by the order it claimed to have. After the original petition was filed, an amendment was filed making appellant a party, alleging that he had bought or come into possession of the cash register with full knowledge of appellee's rights, and asked that appellant be compelled to produce the cash register, and for an enforcement of the mortgage lien. Appellant, by answer, averred that he owned the cash register, and had bought it from Weckerser, and denied that he had any knowledge or information that appellee had any lien, but avowed that he had made inquiry at the time of purchase, and was informed there was no lien; pleaded that the written order, which appellee asserted to be a mortgage, was never recorded or proven or lodged for record in Madison county or elsewhere, but said he (appellant) was an innocent purchaser for value, without any notice of appellee's lien, either actual or constructive. By reply this was all denied, except as to the recording of the contract. The proof taken was of appellant and Weckerser. Neither of these...