Trusts and Trustees-Vendor and Purchaser.

TRUSTS AND TRUSTEES-Continued-

future time on the part of the father to set apart $500 for
the benefit of petitioner. Idem....

VENDOR AND PURCHASER-

.138

1. Sales-Remedies of Seller-Recovery of Goods Delivered.-
Where goods had been obtained by a buyer without any
intentional or reasonable expectation of paying for them, and
with a design of cheating the seller out of his goods or to
obtain them without consideration, the seller may, on dis-
covering the fraud, elect to treat the contract of sale as a
nullity and bring his action for the recovery of the specific
property or the value thereof. Am.-German Nat. Bank v.
Gray & Dudley Hdw. Co., &c.,

...105

2. Same-Fraudulent Conduct of Buyer-Evidence-Sufficiency.
-In an action of claim and delivery for merchandise sold by
plaintiff to defendant on credit, evidence held to authorize
a finding that the goods were obtained by the fraudulent in-
tent of defendant not to pay for them at a time he had no
reasonable expectation of being able to pay for them, author-
izing a recovery. Idem....

....105
3. Same-Bona Fide Purchasers.-Where a buyer on credit ob-
tained possession of the goods by fraud, and placed them in
a warehouse, and assigned the warehouse receipt to a creditor
bank, which on sale of the goods received their value, the
bank could defend an action of claim and delivery by the
seller only on the ground that he was an innocent purchaser
for value without notice. Idem....
....105

4. Same. Whether a bank was an innocent purchaser for value
without notice from a buyer on credit who obtained possession
of the goods from the seller with a fraudulent intent to
defraud the seller is for the jury. Idem......
......105
Same. An insolvent buyer of goods on credit obtained posses-
sion of them without intending to pay for them. The goods
were delivered to a warehouse, and the warehouse receipt
was delivered to a bank. The goods were subsequently sold,

5

e proceeds applied to the buyer's debt to the bank.
in an action of claim and delivery by the seller against
ank, that an instruction authorizing a verdict for the
x on a finding that the warehouse receipt was delivered
the bank for money loaned to the buyer or for a note
'discounted by the bank at the instance of the buyer by reason
of the delivery of the receipt, and on the faith thereof with-
out any knowledge or notice that the buyer had obtained the
goods from the seller with the fraudulent design not to pay

Vendor and Purchaser.

VENDOR AND PURCHASER-Continued-

for them, sufficiently presented the defense that the bank was
a purchaser for value without notice. Idem....... .....106
6. Same. In an action of claim and delivery by a seller of goods
on credit to a fraudulent buyer against persons claiming under
the buyer, the seller simply sought to recover the goods as
his own without charging that he had been deprived of the
possession thereof by fraud. Held, that he might recover
by showing that he sold and delivered the goods in the regu-
lar course of trade to the buyer, and as seller placed the
buyer in possession of and invested it with title to the goods,
since the seller had the right to treat the goods as his own
and sue for their recovery or their value in case of their
conversion. Idem....
.....106
7. Same. In an action of claim and delivery brought by a seller
of the goods in controversy against persons claiming under
the fraudulent buyer, a defendant who had received the pro-
ceeds on the sale of the goods could not defeat a judgment
against him on the ground that a codefendant admitted that it
had possession of the goods. Idem....
...106

8. Action Forms of Action-Code Provisions.-Forms of action
are abolished by the Code, and all that is required is to state
the facts constituting a cause of action without reference to
the form of the petition. Idem....

.......106

9. Replevin-Nature of Action-Petition. The action of claim
and delivery requires a particular description of the property
claimed and also the separate value of each article; the
purpose of stating the separate value of each article being to
enable the court to render judgment in case defendant fails
to deliver the property. Idem.....
......106
10. Same. The action of claim and delivery takes the place
and has in it all the elements of detinue, replevin, and trover;
and, where the party in possession has converted the prop-
erty and no longer has it in his possession, he is liable for
the value thereof. Idem...
...106
11. Same. Where the petition in an action for claim and de-
livery set forth the separate value of each article claimed and
prayed not only for a recovery of the property but for all
proper relief, a judgment for the value of the propety was
proper, on it appearing that defendant was not a bona de
purchaser of the property without notice of plaintiff's claim,
and had converted the proceeds thereof to its Own use.
Idem
...107
12. Appeal-Review-Errors Not Assigned as Ground for New
rial. Where, in an action for claim and delivery, a de-

Vendor and Purchaser-Writ of Prohibition.

VENDOR AND PURCHASER-Continued-

fendant admitted possession of the property, and the court
gave judgment against the codefendant who had received the
proceeds of a sale of the property, the fact that judgment
was not given against defendant could not be considered
where the same was not assigned as a ground for a new trial.
Idem
...107

13. Sales-Replevin by Seller-Admission of Possession-Effect.
-In an action of claim and delivery, the fact that a defendant
admitted possession of the property does not authorize the
rendition of a judgment against him where the evidence
showed that he bought and paid for the property without
notice of the fraud by which it had been obtained from
plaintiff. Idem....

VENUE-Carriers 11-Corporations 1.

VERDICTS-See Appeals 7, 8-Trial 8 to 13.

WILLS-See Lands 11.

WITNESSES-See Criminal Law 68 to 75.

WRIT OF PROHIBITION-See Courts 14.

..107

6..
10/26/24