Miller v. Warden, Frew & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1885, No. 71. This was an action of replevin, by Warden, Frew & Co., against Andrew D. Miller to recover 8,000 oil barrels of the value of $10,000, pledged as security by Miller to Warden, Frew & Co. for a loan of $10,000 by them to Waring Bros. The defendant pleaded property, bankruptcy, and the absence of seizure by the sheriff.
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Error to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term, 1885, No. 71. This was an action of replevin, by Warden, Frew & Co., against Andrew D. Miller to recover 8,000 oil barrels of the value of $10,000, pledged as security by Miller to Warden, Frew & Co. for a loan of $10,000 by them to Waring Bros. The defendant pleaded property, bankruptcy, and the absence of seizure by the sheriff. On the trial before White, A. L. J., the following facts appeared: In 1874, Andrew D. Miller was a refiner of oil in Allegheny City. Waring & Bros., of Pittsburgh, having a…
1Opinion of the CourtJustice Paxson
It would consume much time to little purpose to discuss seriatim the numerous assignments of error in this case. A few of the principles involved will be briefly considered.
It was alleged and pressed with much earnestness here that by the arrangement between the defendant below (plaintiff in error) and Waring Bros., an entire loan of $30,000 was contemplated ; that the whole of that sum was necessary to relieve Waring Bros, from their financial difficulties, and that the defendant gave them the bill of sale for the 24,000 oil barrels for that purpose and no other.
If such was their purpose and…
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