Mark Means Transfer Co. v. Mackinzie

Citations

• 9 Idaho 165
• 73 P. 135
• 1903 Ida. LEXIS 29

Syllabus

<p>Attachment — Motion to Discharge Will be Sustained When. — ■ Where it is shown that the suit is based upon a promissory note providing that the express condition of the sale and purchase of the goods for which the note was given is such that the title, ownership or possession does not pass until the note and interest is paid in full, and that the payee has full power to declare the note due and take possession of the goods at any time he may deem himself insecure, even before the specified maturity of same, unless it is shown by the affidavit that the security is beyond his reach or has become valueless through no fault of his, attachment cannot be maintained upon action for purchase price.</p> <p>(Syllabus by the court.)</p>