Hoffner v. Clark
Supreme Court of Pennsylvania
IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action of trespass quare clausum fregit, &c. brought by Noble Clark against George Hoffner, John Purltz, James Hand and Thomas Bickerton. Thedefendant Hoffnsrwas a constable; and the action was brought to recover damages for taking a horse alleged to belong to the'plaintiff, by virtue of an execution against one William Clark, the plaintiff’s brother.
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IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action of trespass quare clausum fregit, &c. brought by Noble Clark against George Hoffner, John Purltz, James Hand and Thomas Bickerton. Thedefendant Hoffnsrwas a constable; and the action was brought to recover damages for taking a horse alleged to belong to the'plaintiff, by virtue of an execution against one William Clark, the plaintiff’s brother. On the trial before Judge Stroud, on the 16th of January, 1838, the plaintiff produced William Clark as a witness, who testified as…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The only error into which the Court below seem to have fallen in this case, is in having left it to the jury as a question of fact, to be decided by them, whether the sale of the horse alleged to have been made by William Clark to the plaintiff below, his brother, was accompanied or not by a corresponding change of the possession. The requisites of the law, in order to make a sale, by a debtor of his goods and chattels, good against his creditors, are correctly laid down by the Court; but we are of opinion that the Court erred in leaving the…
2Cited by6 opinions
- McKibbin v. MartinSupreme Court of Pennsylvania · 1870
- Evans v. ScottSupreme Court of Pennsylvania · 1879
- Brawn v. KellerSupreme Court of Pennsylvania · 1862
- Vredenbergh v. WhiteNew York Supreme Court · 1799
- McElvain, Trustee v. HootonSuperior Court of Pennsylvania · 1936
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