Glass v. Continental Guaranty Corp.

Citations

• 81 Fla. 687
• 88 So. 876

Syllabus

<p>1. The defendant in a replevin action may take a writ of error separate from his sureties on a forthcoming bond.</p> <p>2. It is a general principle applicable to traffic in personal property, that no one can transfer or confer a better title than he has, unless some principle of estoppel operates to bar a claim under an otherwise better title.</p> <p>3. In England, at common law, a sale in market overt confers a title upon a Kona fide purchaser, though the seller had no title whatever; but in this country there are no such markets and the principle of title acquired by purchase and sale in market overt does not obtain.</p> <p>4. The mere possession of personal property is only prima facie evidence of title; and a purchaser of personal property from one who has only the possession of the-property under an incomplete conditional sale cannot in general defeat a recovery by the true owner', although such purchaser bought for value and without notice.</p> <p>5i Where an owner consigns personal property to a dealer in such goods with express or implied authority to sell, or delivers or consigns to another personal property with indicia of ownership or of authority to sell, but with title reserved in the owner until the payment of the ■ purchase price, a purchaser, who pays value for such goods and gets possession thereof without notice of the terms or conditions of the original delivery, consignment or sale, obtains a good title as against the original owner, which will in general prevail against the latter’s reserved title. '</p> <p><3. Where one of two innocent parties must suffer through the act or negligence of a third person, the loss should fall upon the one who by his conduct created the circumstances which enabled the third party to perpetrate the wrong or cause the loss.</p> <p>7. An alleged owner of an automobile under a secret trust, who permits a dealer in automobiles to have the car at his sales place under circumstances' that indicated authority to sell,