Hennig v. Claussen Brewing Ass'n
Hennig v. Claussen Brewing Ass'n
Opinion of the Court
This action was brought by the plaintiff William Hennig against the defendant Claussen Brewing Association, a corporation, to recover possession of a certain stock of wines, liquors and cigars. Plaintiff alleged ownership and right of possession in himself, and that the defendant had wrongfully seized and withheld said property. The defendant denied ownership in the plaintiff, admitted talcing possession, and alleged ownership and right of possession in itself. The defendant also pleaded a conditional bill of sale made by it to one Ben Johnson, for said property, and alleged that it afterwards took possession on the default of said Johnson. Trial being had without a jury, the court made findings of fact, from which it appears that, on and before November 27, 1908, the defendant was the absolute owner of the bar fixtures, furniture, wines, liquors and cigars then located in the “Scandia Bar” in Snohomish, Washington, that on said date it made a conditional bill of sale for all of said goods, wares and merchandise, including the bar, back-bar, safe, cash register and all other furniture, together with the wines, liquors and cigars then located in said saloon, to one Ben Johnson, which conditional bill of sale was duly recorded in the office of the auditor of Snohomish county ; that prior to February 9, 1905, said Ben Johnson broke the conditions of said conditional bill of sale; that on said February 9, 1905, the plaintiff William Hennig was in possession of all of said bar fixtures and furnishings of every description in said “Scandia Bar,” and was the absolute owner and in rightful possession of certain wines, liquors and cigars then located in said saloon, of the total value of $218.15; that all of the wines, liquors and cigars in said “Scandia Bar” at the date of said conditional bill of sale were of the value of $50, and no more; that long prior to the - day of January, 1905. said Ben Johnson sold all of said stock of wines, liquors and cigars mentioned in said conditional bill of sale; that said Ben Johnson from time to time purchased additional
The controlling assignments of error presented are that the trial court erred in making said findings of fact, and in refusing other findings requested by appellant. The evidence shows that, at the time the appellant made its conditional bill of sale to said Ben Johnson in November, 1903, there was a small stock of liquors, wines and cigars in the said “Scandia Bar;” that all of said stock was afterwards sold by said Johnson in the regular course of trade; that thereafter he purchased other and additional stock; that in January, 1905. he sold said saloon business, including the stock of wines,
The only issue now before us is one of fact. We have carefully examined all of the evidence and find that it sustains each and all of the findings made by the trial court. This being true, the final judgment was properly entered, and is affirmed.
Reference
- Full Case Name
- William Hennig v. Claussen Brewing Association
- Status
- Published
- Syllabus
- Replevin — When Lies — Conditional Bill of Sale — Breach. Where, upon the breach of a conditional bill of sale of a stock of goods and fixtures, the vendor takes possession of additional stock purchased since the bill of sale, replevin lies to recover such additional stock.