Julius Kessler & Co. v. Manhein

Citations

• 114 La. 619
• 38 So. 473
• 1905 La. LEXIS 516

Syllabus

<p>SALE — WHAT CONSTITUTES — RETENTION IN PLEDG-E BY VENDOR.</p> <p>1. The plaintiff sold to the defendant an article of commerce, for which the defendant executed the notes sued on.</p> <p>2. The sale was complete. A warehouse receipt (of a United States bonded distillery warehouse) was issued to defendant, recognizing him as owner, and providing that, upon payment of the price and return of the receipt, he would take the property.</p> <p>3. The property was retained by vendor in accordance with an agreement similar to pledge to secure payment of notes.</p> <p>4. The sale was perfect between the parties. Civ. Code, art. 2456. The property had been segregated and set apart for the buyer. A sale may be made, and the price secured. Civ. •Code, art. 2457.</p> <p>..(Syllabus by the Court.)</p>