Miller Piano Co. v. Parker
Supreme Court of Pennsylvania
Appeal, No. 228, Jan. T., 1893, by defendant, Gilbert F. Parker, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 845, on verdict for plaintiffs, the Henry F. Miller & Sons Piano Co. Trespass for conversion of piano. At the trial, before Bp,bgv, J., it appeared that plaintiff leased a piano to Mary A. Davis for the term of three months at a rental of $20,00. Subsequently Mrs. Davis sold the piano to defendant.
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Appeal, No. 228, Jan. T., 1893, by defendant, Gilbert F. Parker, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1891, No. 845, on verdict for plaintiffs, the Henry F. Miller & Sons Piano Co. Trespass for conversion of piano. At the trial, before Bp,bgv, J., it appeared that plaintiff leased a piano to Mary A. Davis for the term of three months at a rental of $20,00. Subsequently Mrs. Davis sold the piano to defendant. Defendant’s points were as follows : “ 1. That possession of the piano by Mrs. Davis was evidence of her ownership of the same.” Refused. [1] “ 2. That the plaintiffs…
1Opinion of the Court
Per Curiam,
Mere possession is at best but evidence, prima facie, of ownership of a personal chattel. It is never conclusive of the title. The reason is that it may result from a purchase, a bailment, or a trespass. The general rule is that one cannot make to his vendee a good title to articles that he does not own. If the possession of the seller is that of a bailee or a trespasser, the rule that declares that where one of two innocent persons must suffer loss the loss should fall on him whose act or omission made the loss possible, does not apply. A bailment for hire makes it possible for a…
2Cited by22 opinions
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- Guyer v. SnyderCourt of Appeals of Maryland · 1918
- Use v. Union Transfer Co.Supreme Court of Pennsylvania · 1921
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