Peru Plow & Implement Co. v. Harker

Citations

• 144 F. 673
• 75 C.C.A. 475
• 1906 U.S. App. LEXIS 3879

Syllabus

<p>1. CORPORATIONS-CONTRACTS — ULTRA YlRES-CONTRACT IMPERVIOUS TO COLLATERAL Attack by Strangers. *</p> <p>An executed contract or conveyance to which a corporation is a party is not open to collateral attack by a stranger to it on the ground that its making or acceptance was beyond the jlower of the corporation.</p> <p>[Ed. Note. — For cases in point, see vol. 12, Cent. Dig. Corporations, 1548-1550.]</p> <p>2. Conversion — Chattel Mortgage and Right op Possession of Third Party No Defense.</p> <p>It is not a complete defense for a stranger who has wrongfully taken property from the possession of the owner and converted it to his own use that a third party had the right to the possession ol' it to secure payment of a debt for a small percentage of its value.</p> <p>[Ed. Note. — For oases in point, see vol. 47, Cent. Dig. Trover and Conversion, §S 163-166.]</p> <p>3. Same — Demand Unnecessary Where Defendant Seized Property.</p> <p>A demand is not a prerequisite to an action of conversion by the owner against a stranger who wrongfully took tile possession of the property from him.</p> <p>[Ed. Note. — For cases in point see vol. 47, Cent. Dig. Trover and Conversion, § 58.]</p> <p>(Syllabus by the Court.)</p>