Farquhar v. McAlevy
Pennsylvania Court of Common Pleas, Huntingdon County
No. 311 January Term 1891, Sup. Ct.; court below, No. 25 February Term 1889, C. P. On January 16, 1889, a feigned issue, wherein, as subsequently amended, A. B. Farquhar was plaintiff and George M. McAlevy, defendant, was framed to try the title to goods and chattels levied upon by the sheriff as the property of Solomon Hamer, upon an execution issued in favor of said McAlevy.
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No. 311 January Term 1891, Sup. Ct.; court below, No. 25 February Term 1889, C. P. On January 16, 1889, a feigned issue, wherein, as subsequently amended, A. B. Farquhar was plaintiff and George M. McAlevy, defendant, was framed to try the title to goods and chattels levied upon by the sheriff as the property of Solomon Hamer, upon an execution issued in favor of said McAlevy. At the trial on December 10, 1890, the plaintiff proved that the chattels in dispute, to wit, a saw-mill, engine and boiler, were delivered to Solomon Hamer, about December 3, 1887, under the following instruments of…
1Opinion of the Court
Per Curiam :
We need not discuss the admissibility of the letters referred to in the second assignment of error. If we concede they were improperly received in evidence, they did the plaintiff no harm. The learned judge below ruled the case upon, the construction of the article of agreement, and not upon the letters. He held that the paper called a lease, by which Solomon Hamer agreed to hire the engine and boiler from A. B. Farquhar, the plaintiff, was a conditional sale, and subjected them to execution and sale on the part of Hamer’s creditors. The construction of this paper was a question…
2Cases cited4 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- Rowe v. SharpSupreme Court of Pennsylvania · 1865
- Enlow v. KleinSupreme Court of Pennsylvania · 1875
- Stadtfeld v. Huntsman & Co.Supreme Court of Pennsylvania · 1880
3Cited by23 opinions
- Jones v. WandsSuperior Court of Pennsylvania · 1896
- Sgro v. Getty Petroleum Corp.District Court, D. New Jersey · 1994
- Painter v. SnyderSuperior Court of Pennsylvania · 1903
- In re ButterwickDistrict Court, M.D. Pennsylvania · 1904
- Wright v. Barnard Bros.Supreme Court of Iowa · 1893
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