Bowen v. Burk
Supreme Court of Pennsylvania
From the nisi prius at Philadelphia, before Burnside, J. This was an action of trespass, vi et armis, &c., by Burk and wife vs. Bowen, Randall Fenton, Marseilles, Levi Kenton and M’Mullin, for taking and carrying away tbe household furniture of Caroline K. Elmes, afterwards intermarried with the plaintiff, William E. Burk. Pleas not guilty, &c. On the 1st of March, 1842, Abner Elmes, the father of Caroline, made a general assignment of all his property to Messrs.
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From the nisi prius at Philadelphia, before Burnside, J. This was an action of trespass, vi et armis, &c., by Burk and wife vs. Bowen, Randall Fenton, Marseilles, Levi Kenton and M’Mullin, for taking and carrying away tbe household furniture of Caroline K. Elmes, afterwards intermarried with the plaintiff, William E. Burk. Pleas not guilty, &c. On the 1st of March, 1842, Abner Elmes, the father of Caroline, made a general assignment of all his property to Messrs. Hoge and Austin, for the benefit of his creditors. The assignees filed an' inventory, in which the household furniture was valued…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
A sale is defined to be a transmutation of property from one man to another, in consideration of some price or recompense in value. From this the consequence is deduced, that upon all sales of goods in possession, the property is changed immediately upon the making of the contract, although the actual possession may not be obtained by the vendee until the fulfilment of the stipulations; thus, if a man sells his horse for money, though he may keep him until he is paid, yet the property of the horse is in the bargainor or buyer: Boss on…
2Cases cited1 opinion
- Haddon v. ChambersSupreme Court of Pennsylvania · 1795
3Cited by8 opinions
- Frech v. LewisSupreme Court of Pennsylvania · 1907
- Commonwealth v. DeibertSuperior Court of Pennsylvania · 1932
- Neal, Morse & Co. v. BogganSupreme Court of Alabama · 1892
- Lehmann v. People's Furniture Co.Supreme Court of Oklahoma · 1914
- Maley-Thompson & Moffett Co. v. Thomas Forman Co.Michigan Supreme Court · 1914
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