Legal Opinion

Rice v. Yocum

Supreme Court of Pennsylvania

Decided May 25, 1893No. Appeal, No. 209PublishedCited by 7 opinions

Appeal, No. 209, Jan. T., 1893, by defendant, H. C. Yocum, from judgment of C. P. Lehigh Co., Sept. T., 1892, No 65, on verdict for plaintiff, Oscar Rice. Appeal from justice of the peace in action for conversion of sewing machine. At the trial before Albkig-ht, P. J., it appeared that defendant was agent for the Singer Sewing Machine. He called on plaintiff’s wife who agreed to give him in part payment for a new machine, an old machine and five dollars in money.

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Appeal, No. 209, Jan. T., 1893, by defendant, H. C. Yocum, from judgment of C. P. Lehigh Co., Sept. T., 1892, No 65, on verdict for plaintiff, Oscar Rice. Appeal from justice of the peace in action for conversion of sewing machine. At the trial before Albkig-ht, P. J., it appeared that defendant was agent for the Singer Sewing Machine. He called on plaintiff’s wife who agreed to give him in part payment for a new machine, an old machine and five dollars in money. Both the old machine and the money were the property of plaintiff. Defendant took away the old machine and the money, and turned…

1Opinion of the Court

Opinion by

Mr. Justice Green,

The learned judge of the court below gave very careful and entirely correct instructions to the jury on the subject of the ownership of the property in dispute. He charged them not only that the plaintiff must prove to their satisfaction that he was the true owner of the sewing machine and money which the defendant obtained, but also that if the wife of the plaintiff misled the defendant by representing the property as liers when it was not hers, her husband would be responsible for her deceit and could not recover. The jury found for the plaintiff and there was…

2Cases cited1 opinion

  1. Brisben v. WilsonSupreme Court of Pennsylvania · 1869

3Cited by7 opinions

  1. Eckert v. Merchants Shipbuilding Corp.Supreme Court of Pennsylvania · 1924
  2. United States v. SommervilleDistrict Court, W.D. Pennsylvania · 1962
  3. Weems v. MeltonSupreme Court of Oklahoma · 1915
  4. Bressan Export-Import Company v. ConlewDistrict Court, E.D. Pennsylvania · 1972
  5. Egan v. SmithSupreme Court of Pennsylvania · 1936

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