Author: Thomas Atkins Street

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 200

ISBN-13: 9781230061535

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...Allen (Mass.) 171; Williams 11. Merle, 11 Wend. (N. Y.) 80. 3Metcalfe v. Dickman, 43 Ill. App. 284; Valentine v. Duff, 7 Ind. App. 196. 'Woods v. Rose, 135 Ala. 297; Robinson v. McDonald, 2 Ga. 116; Whipple 11. Gilpatrick, 19 Me. 427; Heckle 11. Lurvey, 101 Mass. 344; Rice 11. Yocum, 155 Pa. St. 538; Deering v. Austin, 34 Vt. 330; Hil-bery 11. Hatton, 2 H. & C. 822. Creation of adverse lien. Liability of purchaser or pledgee. To the rule that a sale, pledge, or mortgage of chattels by one not the owner of them is a conversion when accompanied by delivery, there is a qualification which at once tends to establish the truth of the proposition that the gist of conversion is in the disseisin of the owne'r's interest, and illustrates how that conception enters into this tort. That qualification is this: If the person dealing with the goods has himself a substantive interest in them which is itself capable of sale, pledge, or assignment, and under cover of that interest he deals with the goods, he will not be liable for a conversion. One of two tenants in common of chattels can, of course, sell or transfer his interest at pleasure, and it has even been thought in some quarters that the ownership of part interest in a chattel protects a cotenant from liability for a conversion, though he disposes, or attempts to dispose, of the entire interest in it.' A pledgee, or pawnee, also has an interest which can be assigned or sub-pledged, ' but the ordinary bailee for hire for a limited period," and the bailee at will " have not. Nor is a mere lien such an interest as gives the holder a right to transfer the property subject to it; for a lien perishes when possession is gone from the person entitled to assert...