Eagle v. Eichelberger
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. This was an action of trespass, by Dominick 'Eagle against Adam Eichelberger, sheriff of York county, for levying and selling certain personal property, which he alleged to.be his, upon an execution against C. F. Laise.
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ERROR to the common pleas of York county. This was an action of trespass, by Dominick 'Eagle against Adam Eichelberger, sheriff of York county, for levying and selling certain personal property, which he alleged to.be his, upon an execution against C. F. Laise. The goods levied were in the store of Laise, and had been purchased by Eagle, the plaintiff, and the question was, whether the sale was fraudulent as to creditors, which depended upon parol testimony, of which the portion following is material. John Eagle, sworn. — I was present when my brother purchased the articles. They were to be…
1Per curiam
The law of the case is settled, as far as it can be so, by judicial decision; and it would be mischievous to disturb it. The direction was accordant to the principles heretofore laid down, and we perceive no error. In respect to the flaxseed, the sale was conclusively fraudulent. It was not purchased as of any particular quantity, but was to be measured when received at Columbia; and, as the plaintiff was to pay only for what he should get, what was there in the bargain to prevent the vendor, in the mean time, from selling at least a part of it to his customers? With the fairest intentions on…
2Cited by3 opinions
- Hugus v. RobinsonSupreme Court of Pennsylvania · 1853
- Chase v. RalstonSupreme Court of Pennsylvania · 1858
- Real Estate-Land Title & Trust Co. v. Bankers Trust Co.Pennylvania Municipal Court, Philadelphia County · 1931