Henderson v. Lauck
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of replevin brought by John and Peter Lauck, as partners, v. William M. Henderson, administrator of the estate of James Preston, deceased, for 742 bushels of corn, of the value of $371, delivered to Preston on 12th April, 1852, at a mill which Preston had on lease.
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Error to the Common Pleas of Cumberland county. This was an action of replevin brought by John and Peter Lauck, as partners, v. William M. Henderson, administrator of the estate of James Preston, deceased, for 742 bushels of corn, of the value of $371, delivered to Preston on 12th April, 1852, at a mill which Preston had on lease. The defendant gave bond, and plead non cepit and property. ■ John and Peter Lauck sold to James Preston a quantity of corn, to be paid for on delivery at a mill which Preston had rented, and situate about two miles from Carlisle. On the 19th, 25th, and 28th of…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Lowrie, J.
— The instructions of the Court were clearly right as to the questions of the sale and conditional delivery of this grain; and thus the reál question is fairly raised — Does the fact, that, on receiving it, the buyer mixed it with other grain of his own, of the same kind in one heap, prevent its specific reclamation?
The answer of the Court was in the negative, and so is the Roman law, Inst. 2, 1. 28; Dig. 6, 1, 3, 2, and Eod. tit. L. 5; and such is the very point in Inglebright v. Hammond, 19 Ohio Rep. 337 ; 11 U. S. Dig. 95, as to…
2Cases cited2 opinions
- Brackenridge v. HollandIndiana Supreme Court · 1830
- Pratt v. BryantSupreme Court of Vermont · 1848
3Cited by2 opinions
- Commonwealth v. DeibertSuperior Court of Pennsylvania · 1932
- Snyder v. StehmanSuperior Court of Pennsylvania · 1899