Mercantile Credits a Series of Practical Lectures Delivered Before the Young Me

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Mercantile Credits a Series of Practical Lectures Delivered Before the Young Me
M Martin Kallman
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It is a general principle, as I have tried to indicate, that ownership goes with possession, and a person in posses- sion of property is presumably the owner. He may, how- ever, hold that property in pledge, which condition gives him something in the nature of property rights. Analo- gous to this, it is sometimes found expedient in the con- duct of business to change possession of property by way of sale without passing the title from the vendor. This is called a conditional sale, and avoids th...e necessity of passing the title to the purchaser and taking in exchange a chattel mortgage with all its formalities and records. This is done in those cases where the purchaser wants to use a certain thing, and is not ready to pay for it and at the same time does not want to take the title and have a recorded chattel mortgage. In such cases the common law permits a contract of conditional sale. Statute laws in some states have tried to prohibit such sales; but in other states Massachusetts being a notable instance their usefulness has been recognized, and the legislature has merely attempted to regulate them by making rules LIENS ON PERSONAL PROPERTY 155 for the protection of the public, and, at the same time, for the protection of the vendor and vendee.

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