People's Bank v. Etting & Groome
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 4, of Philadelphia county: Of January Term, 1884, No. 216. This was an action on the case in trover and conversion, by the People’s Bank of Philadelphia against Edward J. Etting and Samuel W. Groome late trading !u.nder the name and firm of Edward J. Etting, to recover damages for certain iron of plaintiffs converted by defendants to their use, etc. Plea, not guilty.
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Error to the Court of Common Pleas No. 4, of Philadelphia county: Of January Term, 1884, No. 216. This was an action on the case in trover and conversion, by the People’s Bank of Philadelphia against Edward J. Etting and Samuel W. Groome late trading !u.nder the name and firm of Edward J. Etting, to recover damages for certain iron of plaintiffs converted by defendants to their use, etc. Plea, not guilty. On the trial, before Arnold, J., the following facts appeared : The defendants were, in 1874-75, engaged in the business of storing and warehousing iron. They had an office at No. .105…
1Opinion of the CourtJustice Green
We held in People’s Bank v. Gayley, 11 Norris, 518 that the receipts given by Gayley to Ervin for Morris were not warehouse receipts and consequently passed no title as such. When the bank, therefore, loaned its money upon these papers, it was not in a position to claim title under them distinctively as warehouse receipts. They were however sufficient to confer title as against either the bailee or a subsequent purchaser, provided those persons were affected by specific notice of the title of the bank, before the subsequent purchase was made or proper warehouse receipts issued by the bailee…
2Cited by1 opinion
- Levy v. Terminal Warehouse Co.Superior Court of Pennsylvania · 1935