Legal Opinion

Baltimore & Ohio Railroad v. Hoge

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 5 opinions

Error to the Common Pleas of Greene county. This was a foreign attachment by Solomon Hoge against Pettibone, Hoban & Co., defendants, and Abner Garrison, garnishee. The Baltimore and Ohio Railroad Company were subsequently allowed to interplead as garnishees; judgment was confessed by the defendants’ attorney for $256.50; and a scire .facias issued against the garnishees.

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Error to the Common Pleas of Greene county. This was a foreign attachment by Solomon Hoge against Pettibone, Hoban & Co., defendants, and Abner Garrison, garnishee. The Baltimore and Ohio Railroad Company were subsequently allowed to interplead as garnishees; judgment was confessed by the defendants’ attorney for $256.50; and a scire .facias issued against the garnishees. In 1852, Pettibone, Hoban & Co. were contractors for the construction of section No. 163 of the Baltimore and Ohio Railroad, which was situate in the state of Virginia, a few miles from the Pennsylvania state line; and they…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

The retained possession of the property by the vendors, Pettibone, Hoban & Co., made a primd facie case of fraud between them and the vendees, so far as creditors were concerned. This is the rule by the laws of Virginia; and that being the locus contractus, and also that being the situs of the property in question, we are to be governed by it: Born et al. v. Shaw, 5 Casey 288. These facts having been shown, it became necessary *220for the defendants to rebut the presumption of fraud arising out of the circumstance of retained possession. This…

2Cases cited1 opinion

  1. Kase v. JohnSupreme Court of Pennsylvania · 1840

3Cited by5 opinions

  1. Glessner v. PattersonSupreme Court of Pennsylvania · 1894
  2. Kasson v. Rocky Glen Water Co.Superior Court of Pennsylvania · 1923
  3. Brent v. Chas. H. Lilly Co.District Court, W.D. Washington · 1913
  4. Hirsh v. WengerSupreme Court of Pennsylvania · 1897
  5. Commonwealth v. HydeSuperior Court of Pennsylvania · 1909

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