Kinloch v. Scribner

Kinloch v. Scribner

Where a sale of a trader's stock is open and notorious and the purchaser takes actual physical control and disposition of the goods, the requirement of an "actual and continued change of possession" is satisfied even if the purchaser employs the former owner as a clerk; such employment does not per se negate the change of possession.

Citation
(1886) 14 SCR 77
Parties
Defendant Appellants: William Kinloch and Others; Plaintiff Respondent: John M. Scribner
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 May 1886
Procedural Posture
Appeal (interpleader) / Final Judgment on Appeal to Supreme Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Change of Possession, Bona Fide Purchase, Registration, Employment of Vendor as Clerk, Statutory Interpretation
Source Language
English
Sale Property Security Interests Bills of Sale Change of Possession Bona Fide Purchase Registration Employment of Vendor as Clerk +1 more

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Parties

William Kinloch and Others

Defendant Appellants

John M. Scribner

Plaintiff Respondent

Procedural Posture

Appeal (interpleader) / Final Judgment on Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether the sale effected an "actual and continued change of possession" under R.S.O. cap. 119 sec. 5
  2. 2 Whether employing the vendor as a clerk after sale prevents the purchaser from acquiring continued possession
  3. 3 Whether the sale was bona fide and thus protected against creditors' claims

Ratio Decidendi

Where a sale of a trader's stock is open and notorious and the purchaser takes actual physical control and disposition of the goods, the requirement of an "actual and continued change of possession" is satisfied even if the purchaser employs the former owner as a clerk; such employment does not per se negate the change of possession.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.