Straus v. Minzesheimer

Citations

• 78 Ill. 492

Syllabus

<p>1. Law and pact—delivery and change of possession on sale. If there is evidence tending to prove a delivery and change of possession of goods on a sale before the levy of an attachment, it is a question of fact for the jury to determine whether there was a delivery and change of possession, and not a mixed question of law and fact.</p> <p>2. Delivery—as against attaching creditor. If a party purchase an entire lot of cigars of another, and the vendor, after receiving payment, takes the purchaser to the factory, and says: “Here are your cigars,” handing to him several boxes, and the purchaser pays for the stamps to go upon the boxes, and employs the hands in charge of the factory to stamp them, in accordance with the laws of the United States requiring this to be done before removal, this, being as complete a delivery as the vendor can make, will be sufficient to pass the title as against an attaching creditor of the vendor.</p> <p>3. Sale—whether in violation of revenue laws of the IT. 8. requiring stamping. A sale of a lot of cigars at the factory where made, before they are all boxed, or any of them stamped, and delivery of possession, will not be invalid between the parties, under the act of Congress imposing a forfeiture for selling, or offering to sell, cigars before they are boxed and stamped, where the contract of sale provides that they shall be stamped as the law requires, before their removal.</p> <p>4. Same— when completed so as to pass title. In a contract of sale, the title will pass to the purchaser, if such is the intention of the parties, although measuring or weighing is to be had at a subsequent time, in order to ascertain the amount to be paid.</p> <p>5. If an entire stock of cigars is sold, the parties estimating them at a given number, for a fixed price, which is paid, and all is done that can be done to deliver possession at the factory where they are, the counting, boxing and stamping will not be necessary to pass the title as against an at