Bowen v. Rury

Citations

• 117 Wash. 30
• 200 P. 789
• 1921 Wash. LEXIS 1007

Syllabus

<p>Sales (179-1) — Conditional Sales — Assignment of Contract— Effect. An unconditional bill of sale by a conditional sales vendor to his vendee passes absolute title which is not divested by his subsequent assignment of the conditional bill of sale.</p> <p>Same (182) — Remedies of Seller — Election—Waiver of Right to Retake Property. An action on a note secured by a conditional bill of sale is an election which waives the right to retake the property.</p> <p>Bills and Notes (60, 73-6) — Assignments—Defenses Against Bona Fide Purchasers — Set-Off or Counterclaim. Where a promissory note made in consideration of the sale of hotel furniture and fixtures has passed into the hands of a holder in due course, the maker cannot, in a suit upon the note by such holder, offset the value of a part of the furniture not owned by the payee, and of which the maker had been dispossessed at the suit of the true owner.</p>