Smith v. Smith, Murphy, & Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of trespass by Smith, Murphy & Co. against David Smith, former sheriff of Cumberland co., for levying and selling certain store goods under executions against Robert Snodgrass.
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Error to the Common Pleas of Cumberland county. This was an action of trespass by Smith, Murphy & Co. against David Smith, former sheriff of Cumberland co., for levying and selling certain store goods under executions against Robert Snodgrass. It appeared that Snodgrass on the 7th and 8th April, 1852, purchased from the plaintiffs, who were merchants in Philadelphia, certain merchandise to the amount of $676.22, and for which he gave to them his note, dated April 7,1852, and payable six months after date. The goods were forwarded to Snodgrass and put into his store at Carlisle. On 3d May,…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Lowrie, J.
— The main question of this cause is raised by an objection to the charge of the court declaring, in substance, that a purchase of goods vests a voidable title in the vendee, if, at the time of'the purchase, he knew, and did not reveal the fact, that he -was unable to pay and intended not to do it, even though ,he made use of no deceptive assertions or false and fraudulent representations to induce the sale.
This would seem to have been the opinion of several judges, though not always clearly appearing: 1 B. & C. 514 ; 9 Id. 59 ; 8 Eng.…
2Cases cited7 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Mowrey v. WalshNew York Supreme Court · 1828
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
- Thompson v. RoseSupreme Court of Connecticut · 1844
- Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
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3Cited by20 opinions
- In re KravitzCourt of Appeals for the Third Circuit · 1960
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- Cincinnati Cooperage Co. v. GaulSupreme Court of Pennsylvania · 1895
- Dentzel v. Island Park Ass'nSupreme Court of Pennsylvania · 1911
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