Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-03-17
MAY BE RECORDED.
THE NEW LAW ABOUT FILING MEMO
RANpUMS OF AGREEMENT.
An Act That Happily Meets Recent su-
preme Court Decision-Thc Coupon
Contract Decision.

At the last session of the Legislature
an act was passed Of great Importance to
vendors OF goods on the instalment plan-
and that, too, II seems, just In the nick OF
time.
The Code Of 1887 favored and extended
the policy requiring important transactions
to be In writing. and matters OF re-
cord. Section 2i62 provides that every
sale or contract for sale of goods or chat
tells wherein the title Is reversed until
the same be paid for in whole or in part.
or the transfer OF the title Is made TO de-
pend on any condition. and possession be
delivered to the vendee, shall in respect
Of such reservation and condition be void
as to creditors OF and purchasers for value,
without notice from such vendee. until
cuted by both the vendor and vendee In
which the said reservation or condition
is expressed. and until and except from
the time said writing setting forth the
date thereof, the amount due thereon, and
brief description of said goods or chat
tells be docketed in the Clerks office Of
the County or Corporation Court of the
county or corporation in which said goods
or chattels may be, or In the Clerks Of
fee Of the Chancery Court OF the city Of
Richmond, etc, and 1t shall be the
duty of such clerk to docket and to index
the same from the original contract in
the name of the vendor and vendee. togeth-
er with the date of such docketing In a
book to be kept by him for that purpose.
and to endorse on such contract memo
randum docket"
THE RECENT DECISION.
The Thursday before the Legislature adj
journed the Supreme Court of Appeals.
constituting this statute as amended Acts
1890. page 1851 in the case OF Calla-
CHAN VS.. Young. Clerk of one OF the Nor
folk courts, held that these contracts
must be acknowledged In accordance with
section 2J0l Of the Code of 1857.
This renders void many of such con-
trlcts. but the General Assembly during
its last days passed an act curing all
such defects. and In the future allowing
such "memorandums'' to be docketed with
out being acknowledged In accordance
with section 250l of the Code.
The Coupon Cases.
After the coupon cases had been de-
clded in the Supreme Court Of Appeals
Thursday Colonel X. l.. Maury. counsel
for the bondholders, moved the court to
certify that a Federal question was in
volved. Attorney General Scott resisted
the motion, and the court denied IT, Colo
mel Maurys object was TO put himself In
position to appeal To the United States
Supreme Court. 1t is claimed by the
Commonwealth that there is no question
In the cases that can carry them into
the United States Supreme Court and
that the point on which the decision was
rendered had not been raised before in
coupon cases. In short the question was
not one OF contract, but whether certain
acts of the legislature were obnoxious
To the Constitution of Virginia.
Thursday afternoon the Attorney-Gene-
raj teegraphed congratulations TO Mr..
Ellis, counsel for the Sinking Fund Com
missloners. In Norfolk. Mr.. Ellis argued
the cases most ably. not only In the lower
court, but in the Supreme Court of APP
peals and made n most tenacious fight IN
them from start to finish.