Chamberlain v. Smith
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This Avas an appeal from the judgment of a justice of the • peace. The suit was brought by Tristram Smith against M. Chamberlain and J. Benson, to recover the value of a pair of oxen, which plaintiff alleged the defendants took from his possession, and disposed of without his consent. The action before the justice was trespass, and resulted in judgment for plaintiff.
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Error to the Common Pleas of Tioga county. This Avas an appeal from the judgment of a justice of the • peace. The suit was brought by Tristram Smith against M. Chamberlain and J. Benson, to recover the value of a pair of oxen, which plaintiff alleged the defendants took from his possession, and disposed of without his consent. The action before the justice was trespass, and resulted in judgment for plaintiff. On appeal by the defendants, under the ruling of the court below, there was a verdict and judgment for plaintiff. Whereupon the defendant sued out this writ. All the material facts of…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The cattle, for the value of which this suit was brought, belonged to Mrs. Chamberlain, one of the defendants below, and plaintiffs in error, prior to the 12th day of January 1858. On that day a contract was entered into between John Benson, acting for Mrs. Chamberlain, and James McWharter, under which the cattle came into the possession of McWharter. The contract is contained in the following receipt given at the time: —“ January 12th 1858. Received of John Benson, one pair of three-year old past stags, to keep and work in a reasonable…
2Cases cited1 opinion
- Lehigh Co. v. FieldSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Walter A. Wood Mowing & Reaping Mach. Co. v. VanstoryCourt of Appeals for the Fourth Circuit · 1909
- In re TiceU.S. Circuit Court for the District of Middle Pennsylvania · 1905
- Commercial Inv. Trust Co. v. MinonCourt of Appeals for the Third Circuit · 1939