Raymond v. Schoonover
Supreme Court of Pennsylvania
Appeal, No. 591, Jan. T., 1896, by plaintiff, from judgment of C. P. Monroe Co., Feb. T., 1895, No. 13, on verdict for defendant. Replevin to recover machinery. Before Albbight, P. J. At the trial it appeared that on April 28, 1874, plaintiff sold to Elizabeth Bunnell and W. R. Chapin, trading as the Saylorsburg Clay Company, a brick machine with the proper appliances, reserving to himself the title to the machinery until the purchase money should be paid.
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Appeal, No. 591, Jan. T., 1896, by plaintiff, from judgment of C. P. Monroe Co., Feb. T., 1895, No. 13, on verdict for defendant. Replevin to recover machinery. Before Albbight, P. J. At the trial it appeared that on April 28, 1874, plaintiff sold to Elizabeth Bunnell and W. R. Chapin, trading as the Saylorsburg Clay Company, a brick machine with the proper appliances, reserving to himself the title to the machinery until the purchase money should be paid. Mrs. Bunnell owned the land upon which the brick plant was erected. About the last of June or first of July, 1894, the machinery and other…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This case presents one of those attempted shortcuts which not unfrequently prove to be the longest way round. Plaintiff sold the property replevied by him to the Saylorsburg Clay Company, a partnership, under an agreement whereby the title was to remain in the plaintiff until the property was fully paid for. The agreement was valid between the parties, and against every one else, until a superior right intervened. No such right appears in the present case. The defendant had no title at all of any kind. He was the assignee for the benefit of creditors of one of…
2Cases cited2 opinions
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