Thompson v. Patrick
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. This was an action of trover by Patrick against Thompson, to recover the value of a sleigh and harness.
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ERROR to the common pleas of Alleghany county. This was an action of trover by Patrick against Thompson, to recover the value of a sleigh and harness. The facts of the case appear from the testimony of Mr Packard, who said, “ that a sleigh and harness, the property of David Greer, was put in the upper room of his storehouse in the fall of 1832; that in the spring of 1833 he went bail for Greer on a judgment for 27 or 28 dollars ; that he was sued and judgment had against him, as bail of Greer, and compelled to pay the money in September 1833; that he now called on Greer to reimburse him; that…
1Per curiam
—The principles of the present action have long been settled in Mores v. Conham, Owen 123; Anon. 2 Salk. 522, and Coggsu. Bernard, 3 Salk. 268. As a pawnee has a special property in the thing pawned, he may assign it.; and his assignee may consequently assert his title to it against the owner, or one standing in his place. He may even use the pawn, provided it be not the worse for it, if the keeping of it be a charge to him : in recompense of which he may, for instance, milk a cow or ride a horse. But though it be not the worse for it, he can use it but at his peril; for a pawn is in the…
2Cited by3 opinions
- Hawkins v. HubbardSouth Dakota Supreme Court · 1892
- McLaughlin v. McLaughlinSupreme Court of Pennsylvania · 1877
- In re Reilly Brock & Co., Pennsylvania Court of Common Pleas, Philadelphia County1931