Ryman v. Gerlach
Supreme Court of Pennsylvania
Appeal, No. 195, Jan. T., 1892, by plaintiff, William P. Ryman, from judgment of C. P. No. 3, Phila. Co., June T., 1891, No. 173, on verdict for defendants, William Gerlach et al., trading aa Gerlach & Harjes. Trespass for conversion of stock. The facts appear by the opinion of the Supreme Court. At the trial, before Gordon, J., the court gave binding instructions for defendants. Verdict and judgment for defendants. Plaintiff appealed.
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Appeal, No. 195, Jan. T., 1892, by plaintiff, William P. Ryman, from judgment of C. P. No. 3, Phila. Co., June T., 1891, No. 173, on verdict for defendants, William Gerlach et al., trading aa Gerlach & Harjes. Trespass for conversion of stock. The facts appear by the opinion of the Supreme Court. At the trial, before Gordon, J., the court gave binding instructions for defendants. Verdict and judgment for defendants. Plaintiff appealed. Error assigned was above instruction, quoting it. The case was originally argued on March 81,1892, Sterrett and McCollum, JJ., being absent, by Preston K.…
1Dissent
Dissenting opinion,
Mr. Justice Mitchell,
Feb. 6,1893:
This case appears to me clearly within the rule of Wood’s Appeal, 92 Pa. 379, where it was held that one who has con-„ ferred upon another, by a written transfer, all the indicia of ownership of property, is estopped from asserting title to it as against a third person who has in good faith purchased it for value from the apparent owner. The cases where this rule is not applicable are where the indicia of ownership are defective on their face, as in Leiper’s Ap., 108 Pa. 377, and Ellis’s Ap., 8 W. N. 538, or where the purchaser has notice…
2Cases cited3 opinions
- Wood v. SmithSupreme Court of Pennsylvania · 1880
- Foster v. Berg & Co.Supreme Court of Pennsylvania · 1883
- Leiper's AppealSupreme Court of Pennsylvania · 1885