Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-09
COURT II" DECISIONS.
Notes ofsCases Recently Decided,
Which are Of Interest 10
Our People.
olcEsTED BY w. 3. MARTIN.
Exclusively for virgln.an-Pllot>

Z Exclusively for vlrgln.an-pllot,
I t 1t'DM uNDS & BLACKBOARD ". HOB
Bile PIANO co.
supreme Court of Appeals OF Virginia.
November 1G, 1899
Il UNDER CODE. SECTION 2S77. ALL,
PROPERTY. STOCK AND CHOOSES
I'm ACTION ACQUIRED OR USED
I'm BUSINESS BY A PERSON
DOING BUSINESS I'm HIS OWN
NlANilI. WITHOUT ANY ADDITION
: THbRHTO, IS LIABLE FOR HIS
DEBTS. BUT THIS STATUTE
ONLY APPLIES TO PROPERTY
ACTUALLY ACQUIRED OR USED
IN SUCH BUSINESS.
the court "
The court says:
me question involved in this case is
whether the property levied on by the
sergeant of the City of Roanoke RI
satisfy the plaintiffs fferi facias
AGAINST the Hobbie Piano COMPANY
was liable therefor
an Inc piano Company was n corpora
Selling
musical instruments under n general
inss license. The property
leVied on was not owned by the Piano
company but belonged to other par-
ties. The plaintiffs claim the right to
subject 1t to the payment OF their
execution under the provision of sec
. ION zSn or the Code, which Is as fol-
aows' III any person transact busl-
ness as trader with the addition Of
,fe words factor agent : or
IL any person transact such business
IN MS own name, without any such
addition; all the property, stock and
cnoses III action acquired or used in
such business shall, as TO the creditors
OF any such person, be liable for the
-aeDts OF such person g."
the Piano Company was doing bust
ness III Its own name and therefore
uoes not come under the first pro-
vision of the section. This Is ad-
mitted by the plaintiffs, but their con-
tention Is that since 1t was doing
business. In Its own name, without any
such edition, and not under n license
to 1t as an auctioncer or commission
merchant. all the property, stock and
choses in action acquired or used in
us business whether owned by 1t or
not, were liable for It's debts. There Is
as much. IF not greater. reason for
protecting creditors of trader doing
business In his own name from the
secret claims of third parties as thoro
is for projecting creditors of person
transacilng business as trader with
The addition OF the words factor /"
,twho has failed To disclose his
PRINCIPAL or partner in the manner pro-
Videu by the statute. In, the latter case
the, creditors know that they are deal
,ns Win one who does not claim TO
ne the sole owner of the business
whilst I'm the former they have the
right to believe that the trader IS
doing business entirely on his account
and is the sole owner OF the goods in
his possession. To allow him or third
persons who have placed ttheir goods
I'm his possession to be used and sold
as IT they were his own so far as the
public can see or know, to deny that
he was the owner or such goods as
against his creditors, would encourage
parties to do the very things which the
statute was passed to prevent.
The Piano Company was clearly
doing business rs trader within the
meaning of the statute. and If the
used in such business it Is liable for
the plaintiffs debt. The two pianos
and the organ claimed respectively by
the Smith & Barncs Piano Company
and the Newman Brothers Company,
were consigned to the Hobhie Com
pany Tor sale under written contracts,
which were not recorded. This prop-
erty and that claimed by the First
National Bank-ttare -.isea-by the
Hobbie Company In its business within
the meaning OF the statute and are
liable for the plaintiffs debt. IF it
were held otherwise, any trader doing
business under n general merchant S
license, apparently on his own ac-
count could fill his store-room with
consigned goods, create the impression
that he was the owner, obtain credit
upon the faith thereof, and wien his
creditors demanded payment, make
known for the first time that the
goods were not his; and thus he and
those who had entrusted him with
their goods could pcrpetratc n fraud
upon his creditors. To prevent just
such frauds, was one of the objec.s OF
the statute.