Richardson v. Montgomery
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a feigned issue under the Sheriff’s Interpleader Act. At the time of the trial Thomas Richardson & Co., W. W. & G. Thompson, and Peel, Stevens & Co. were plaintiffs, and Archibald Montgomery, defendant. The two latter plaintiffs were added by way of amendment, on motion at the trial.
Read the full summary
Error to the District Court of Philadelphia. This was a feigned issue under the Sheriff’s Interpleader Act. At the time of the trial Thomas Richardson & Co., W. W. & G. Thompson, and Peel, Stevens & Co. were plaintiffs, and Archibald Montgomery, defendant. The two latter plaintiffs were added by way of amendment, on motion at the trial. The declaration averred that Thomas Richardson & Co. asserted that the right of property in the ship Fanny McHenry, which had been levied on under a writ issued by Archibald Montgomery against George McHenry, was on the day of the said levy (November 22d 1862)…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
To determine whether the court below erred in rejecting the evidence offered by the plaintiffs, and in directing a verdict for the defendant, it is necessary to observe how the case would have appeared had the rejected evidence been received. Its aspect then would have been substantially as follows: In 1854 George McHenry, who was then the owner of the ship Eanny McHenry, transferred her, by bill of sale duly recorded, to Aubrey H. Smith. Though the title was absolute upon its face, Mr. Smith held it in trust as to one sixty-fourth part for…
2Cases cited3 opinions
- Weston v. PennimanU.S. Circuit Court for the District of Massachusetts · 1817
- Badger v. President, &c. Bank of CumberlandSupreme Judicial Court of Maine · 1847
- Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1857
3Cited by3 opinions
- Mullane v. ChambersCourt of Appeals for the First Circuit · 2003
- Graeber v. Hickel Investment Co.Alaska Supreme Court · 1990
- Martin v. Performance Boat Brokerage.com, LLCDistrict Court, W.D. Tennessee · 2013