Fink v. Smith
Supreme Court of Pennsylvania
Appeal No. 363, Jan. T., 1895, by defendant, from judgment of C. P. York Co., Aug. T., 1894, No. 11, on verdict for plaintiff. Replevin to recover a mare. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : “ [The only question remaining in this case is whether the mare was, under this agreement, to be returned to Fink, if Hyde was acquitted of the charge in court of the larceny of the mare.
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Appeal No. 363, Jan. T., 1895, by defendant, from judgment of C. P. York Co., Aug. T., 1894, No. 11, on verdict for plaintiff. Replevin to recover a mare. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : “ [The only question remaining in this case is whether the mare was, under this agreement, to be returned to Fink, if Hyde was acquitted of the charge in court of the larceny of the mare. If so, then we instruct you that there was sufficient consideration for that agreement at the time the lawsuit was threatened in order to recover her, and at the…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Smith, the defendant, at a sheriff’s sale of the personal property of one Sarah Hyde, wife of George Hyde, purchased a mare; then, as a mere act of kindness towards Mrs. Plyde, he left the animal temporarily with her; some months afterwards, George Hyde, the husband, sold the mare to Fink, the plaintiff, who took her into his possession; Smith, the owner, hearing of this went to Fink and demanded his property, but he refused to surrender possession; then Smith informed Gallatin, the sheriff, who had sold her to him, of the wrong and threatened to replevy her;…
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