Carpenter v. Mayer
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. This was an action of trespass by Lucinda Mayer against Samuel L. Carpenter, Esq. for selling the plaintiff’s goods, upon an execution against Joseph Mayer.
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ERROR to the common pleas of Westmoreland county. This was an action of trespass by Lucinda Mayer against Samuel L. Carpenter, Esq. for selling the plaintiff’s goods, upon an execution against Joseph Mayer. The property had belonged to Joseph Mayer, and he by bill of sale transferred it on the 7th of June 1831, to the plaintiff: the proof was that the property some time after the date of the transfer, how long did not appear, was removed to another room in the house by the plaintiff, and was afterwards taken back again, where it was levied by the sheriff upon an execution against Joseph Mayer…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned raises the question, whether the court ought not to have charged the jury, that, as it appeared from the evidence that the possession of the property did not attend the transfer made of it by Joseph Mayer to the plaintiff, the sale was therefore void in law as against the creditors of Mayer, and that the plaintiff could not recover.
This question was put distinctly to the court by the counsel for the defendants below, who are the plaintiffs here, and an answer was requested to be given in the affirmative to the jury.…
2Cases cited5 opinions
- Wilt v. FranklinSupreme Court of Pennsylvania · 1809
- Dawes v. CopeSupreme Court of Pennsylvania · 1811
- Babb v. ClemsonSupreme Court of Pennsylvania · 1824
- Dornick v. ReichenbackSupreme Court of Pennsylvania · 1823
- Cunningham v. NevilleSupreme Court of Pennsylvania · 1823
3Cited by9 opinions
- In Re MessengerDistrict Court, E.D. Pennsylvania · 1940
- Young v. M'ClureSupreme Court of Pennsylvania · 1841
- Gilbert v. DeckerSupreme Court of Connecticut · 1885
- Milne, Brown & Co. v. HenrySupreme Court of Pennsylvania · 1861
- Chase v. RalstonSupreme Court of Pennsylvania · 1858
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