"pinally, the action of Kentwell fand his associates, after they ae. Quired the management and control of the C.0.C. in appropriating all fof that company's assets to their own use and leaving $6 in the treasury when the receivers took pos session of the affairs of the ce pany in June 1927, satisfies my mind were men who were capable of perpetrating a fraud, which they apparently did per: r. Ston when they him January 26 that his credit of $200, '000 had been transferred on the books of the bank t" the C.0.C.
"The rule of law to be applied in the determination of the question ax to whether title to the property passes to the purchaser in cases of purchase and sale of personal property is clearly stated in the case Of the Elgee Cotton cases, as follows: If by the terms of the contract the buyer is bound to do something as a condition, either pre. cedent or concurrent, on which the passing of the property depends, Property will not pass until the eondition is fulfilled, even though the certificate may have been deliver ed'. Other citations were also given by Judge Purdy.
Text read from the printed page and cleaned; old type leaves the occasional error.