M'Kinney v. Rhoads
Supreme Court of Pennsylvania
ERROR to the common pleas of Northumberland county. This was an action of replevin by Isaac M’Kinney & Sons against Joseph Rhoads, for fifty tons of iron.
Read the full summary
ERROR to the common pleas of Northumberland county. This was an action of replevin by Isaac M’Kinney & Sons against Joseph Rhoads, for fifty tons of iron. Each party claimed the property under Nathan Mitchell, the plaintifij by virtue of the following assignment: “ Know all men by these presents, that I, Nathan Mitchell, of the Borough of Milton, State of Pennsylvania, county of Northumberland, founder, in consideration of my note of 500 dollars, due the 1st June 1834, also one of 700 dollars due the 1st September 1834, to I. M’Kinney & Sons, of the town of Logan, county of Centre, and state…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The declarations of the assignor during the transaction, were admissible as part of it; but his subsequent declarations, and the evidence of the defendant’s character which had not been put in issue, ought clearly to have been excluded.
Whether the assignment were in trust within the purview of the act of 1818, or in satisfaction of particular debts, is a question that ought not to have entered into the cause. In either aspect, delivery of the instrument was necessary to constitute it a deed, and consequently to protect the property from…
2Cases cited2 opinions
- Case of Miller's EstateSupreme Court of Pennsylvania · 1832
- Smith v. Bank of WashingtonSupreme Court of Pennsylvania · 1819
3Cited by7 opinions
- Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Hayden v. Chemical Nat. Bank of New YorkCourt of Appeals for the Second Circuit · 1898
- Tharp v. TheroSupreme Court of Iowa · 1900
- Gettysburg RailroadSupreme Court of Pennsylvania · 1870
2 more not listed; retrieve them via the Exa API.