Diller v. Nelson
Superior Court of Pennsylvania
Appeal, No. 87, Nov. T., 1898, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1897, No. 48, on verdict for defendant. Opinion by W. D. Pobteb, J. Smith, J., dissents. Feigned issue. Before Bbubakeb, J. It appears from the record and tbe evidence that Catharine Diller, the plaintiff in this issue, sold certain chattels to William T. Nelson and accepted notes in payment therefor. The notes were not met at maturity.
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Appeal, No. 87, Nov. T., 1898, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1897, No. 48, on verdict for defendant. Opinion by W. D. Pobteb, J. Smith, J., dissents. Feigned issue. Before Bbubakeb, J. It appears from the record and tbe evidence that Catharine Diller, the plaintiff in this issue, sold certain chattels to William T. Nelson and accepted notes in payment therefor. The notes were not met at maturity. Nelson confessed judgment to his wife who issued execution and sold his personal property. The plaintiff claimed title to the goods prior to the sale on the ground of…
1Opinion of the Court
Opmion by
W. D. Pouter, J.,
The defendant had caused a levy to be made upon certain tools and machinery in the possession of William T. Nelson, the plaintiff claimed to own the property and a feigned issue was duly awarded. The plaintiff had sold the property to William T. Nelson, on April 3,1897, and for the amount of the purchase money had accepted two notes of Nelson dated that day, one for $200, payable in ninety days, and the other for $267.86, payable in 120 days, and the property was delivered to Nelson and remained in his possession until July 10, 1897, when the levy was made. The…
2Cases cited5 opinions
- Smith v. Smith, Murphy, & Co.Supreme Court of Pennsylvania · 1853
- Cincinnati Cooperage Co. v. GaulSupreme Court of Pennsylvania · 1895
- Wessels v. Weiss Bros.Supreme Court of Pennsylvania · 1893
- Ralph v. FonDersmithSuperior Court of Pennsylvania · 1897
- Benjamin Labe & Son v. Lewis Bremer's SonsSupreme Court of Pennsylvania · 1895
3Cited by2 opinions
- North American Smelting Co. v. TempleSuperior Court of Pennsylvania · 1899
- In re LewisDistrict Court, E.D. Pennsylvania · 1903