Dick v. Cooper
Supreme Court of Pennsylvania
ERROR to the District Court, Philadelphia. This was an action of trespass by W. B. Dick v. Lindsey & Cooper, for taking away certain cloths, cassimeres, vestings, a show case, and other articles of shop furniture. An execution against W. McMackin, a tailor, was levied upon his stock of store goods and shop furniture, and on the 9th August, 1851, the property was sold at public, sale.
Read the full summary
ERROR to the District Court, Philadelphia. This was an action of trespass by W. B. Dick v. Lindsey & Cooper, for taking away certain cloths, cassimeres, vestings, a show case, and other articles of shop furniture. An execution against W. McMackin, a tailor, was levied upon his stock of store goods and shop furniture, and on the 9th August, 1851, the property was sold at public, sale. The plaintiff, through an agent, had a portion of the property purchased, and-the net amount, exceeding $700, was paid to the execution-creditor. The property was left in McMackin’s store, in order that he might…
1Opinion of the Court
The opinion of the Court was delivered, March 12, 1855, by
Black, J.
This is trespass for seizing and selling goods under legal process. The goods were, at the time of the levy, in the possession of the defendant in the execution, but they were claimed by the present plaintiff as his property. The ground of his claim was, that he had bought them at a previous sheriff’s sale under another execution against the same party and did not remove them.
When goods are purchased at a private sale, it must be shown that the vendee took and kept possession of them; otherwise the contract is conclusively…
2Cited by6 opinions
- Hendrickson EstateSupreme Court of Pennsylvania · 1957
- Marcus v. Gimbel Bros.Supreme Court of Pennsylvania · 1911
- Bennett (Et Al.) v. Coyne Evans Mot. Co.Superior Court of Pennsylvania · 1941
- Braden v. O'NeilSupreme Court of Pennsylvania · 1898
- Hinderer v. Fehnel, Pennsylvania Court of Common Pleas, Lehigh County1937
1 more not listed; retrieve them via the Exa API.