Wagenblast v. M'Kean
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. Trover for a quantity of wool. Moss & Pur don, of Buenos Ayres, in South America, having funds in their hands belonging to the plaintiff, invested them for him in twenty-five hales of washed wool, which they shipped to defendants, for him, August 10, 1848. The wool arrived in New York about the beginning of November, 1848. There had previously been disputes between plaintiff and defendants, as to the state of their accounts,…
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Error to the District Court of Philadelphia. Trover for a quantity of wool. Moss & Pur don, of Buenos Ayres, in South America, having funds in their hands belonging to the plaintiff, invested them for him in twenty-five hales of washed wool, which they shipped to defendants, for him, August 10, 1848. The wool arrived in New York about the beginning of November, 1848. There had previously been disputes between plaintiff and defendants, as to the state of their accounts, defendants claiming of plaintiff a balance of $994.09, which claim was denied -by plaintiff. On the arrival of the wool, the…
1Opinion of the Court
The opinion of the court was delivered January 10, 1854, by
Lewis, J.
— When this cause was here before, there was evi-
dence that the defendants below had a lien on the goods, for all their advances. In view of that evidence, it was held, that “if the lien be established, then it requires a tender, as well as a demand and refusal, to constitute a conversion; for there is no right to demand, until tender is made.” But in the case as now presented, there is no evidence that the defendants had any lien on the goods, except for “freight and expenses on the wool,” and these the plaintiff’s agent…
2Cases cited2 opinions
- Dunham v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1830
- French v. M'IlhennySupreme Court of Pennsylvania · 1809
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- Makepeace v. Dilltown Smokeless Coal Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Zents ex rel. Dale v. LegnardSupreme Court of Pennsylvania · 1872