Clemson v. Davidson
Supreme Court of Pennsylvania
This was an action of Replevin for 300 barrels of flour, to which Davidson pleaded the general issue, and both defendants pleaded property in John Pershouse. The plaintiff replied property in himself.
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This was an action of Replevin for 300 barrels of flour, to which Davidson pleaded the general issue, and both defendants pleaded property in John Pershouse. The plaintiff replied property in himself. The cause was tried before his Honor Judge Yeates at a Nisi Prius in July last, when contrary to his charge the jury found a verdict for the plaintiff; and upon a motion by the defendants for a new trial, he now reported the facts as follows: In July 1809 Davidson was indebted to Clegg and Pershouse of Manchester in about 16000 dollars, for which they then had his note endorsed by his father;…
1Opinion of the Court
Tilghman C. J.
This is an action of replevin for 300 barrels of flour, and the question before the jury was, whether the property was in the plaintiff on the 12th July 1809, when the writ was issued.' [Here the Chief Justice stated the material facts.] The jury found for the plaintiff, contrary to the strong inclination of the judge’s charge, and his counsel have endeavored to support the verdict on *two grounds: 1st, that there was no delivery of the flour; 2d, that the contract was rescinded by consent of both parties on the 11th July. I should have been well satisfied, if I could have found…
2Cases cited1 opinion
- Ellis v. WildMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Wenger v. BarnhartSupreme Court of Pennsylvania · 1867