Legal Opinion

Huthmacher v. Harris's Administrators

Supreme Court of Pennsylvania

Decided March 25, 1861PublishedCited by 12 opinions

Error to the Common Pleas of Luzerne county. This was an amicable action of trover and conversion, between Rosanna Gardner, administratrix, and Silas Sutton and Peter H. Scovill, administrators of Elisha Harris, deceased, against David M. Huthmacher, to try the title to sundry promissory notes, bank notes, gold and silver coin, two silver watches, and a pocket compass, together valued at $3754.50, which came into the custody of the defendant under the following circumstances…

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Error to the Common Pleas of Luzerne county. This was an amicable action of trover and conversion, between Rosanna Gardner, administratrix, and Silas Sutton and Peter H. Scovill, administrators of Elisha Harris, deceased, against David M. Huthmacher, to try the title to sundry promissory notes, bank notes, gold and silver coin, two silver watches, and a pocket compass, together valued at $3754.50, which came into the custody of the defendant under the following circumstances : Elisha Harris died in July 1858. His wife had died some four or five years before him. After her decease he resided…

1Opinion of the Court

The opinion of the court was delivered,

by Woodward, J. — The ground on which we affirm this judgment is, that there was no sale of the valuables contained in the block of wood, which is called, in virtue of its horizontal wheel and upright spindle, “a drill machine.” Sale, said Mr. Justice Wayne, in Williamson v. Berry, 8 How. 544, is a word of precise legal import, both at law and in equity. It means at all times a contract between parties to pass rights of property for money which the buyer pays, or promises to pay, to the seller for the thing bought and sold.

That no such contract was made…

2Cases cited1 opinion

  1. Williamson v. BerrySupreme Court of the United States · 1850

3Cited by12 opinions

  1. Kuykendall v. FisherWest Virginia Supreme Court · 1906
  2. Bauer v. HillSupreme Court of Pennsylvania · 1920
  3. Koehler v. St. Mary's Brewing Co.Supreme Court of Pennsylvania · 1910
  4. Ferguson v. RayOregon Supreme Court · 1904
  5. West Coast Airlines, Inc. v. Miner's Aircraft & Engine Service, Inc.Washington Supreme Court · 1965

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