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Authors

Abstract

An impostor represented himself to P, a dealer in live stock, as Will Buntrock, a substantial South Dakota farmer. P, after being satisfied as to the identity of the person with whom he was dealing face to face, took from him a property statement which proved to be correct according to the South Dakota records. A contract for the sale of certain cattle was made between P and the impostor. The impostor gave P a promissory note for the contract price plus the freight charges, and a chattel mortgage on the stock purchased. P delivered the cattle to D, addressed to Will Buntrock. D delivered the cattle to the impostor when he exhibited to the clerk a copy of the chattel mortgage and account sales. Held, that P could not recover for the impostor had acquired title which P recognized by taking back a chattel mortgage, and D, ignorant of fraud perpetrated on P, was justified in delivering the cattle to the impostor who had become the owner. Chicago, M., St. P. & P.R. R. v. Flanders, 52 F. (2d) 1114 (1932).

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