Bartlick v. Josenhans
Superior Court of Pennsylvania
Appeal, No. 177, April T., 1905, by defendant, from judgment of C. P.' Armstrong Co., Sept. T., 1904, No. 38£, on verdict for plaintiff in case of E. J. Bartlick v. William J. Josenhans. Interpleader to determine the ownership of hotel furniture taken in execution as the property of A. C. Bailey. Before Patton, P. J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 177, April T., 1905, by defendant, from judgment of C. P.' Armstrong Co., Sept. T., 1904, No. 38£, on verdict for plaintiff in case of E. J. Bartlick v. William J. Josenhans. Interpleader to determine the ownership of hotel furniture taken in execution as the property of A. C. Bailey. Before Patton, P. J. The facts appear by the opinion of the Superior Court. Plaintiff presented these points: 1. If the jury find from the evidence that A. C. Bailey gave the bill of sale for the goods in suit to Harry A. Smith with the knowledge and consent of William J. Josenhans, and that…
1Opinion of the Court
Opinion by
Porter, J.,
This is an appeal by the defendant from the judgment of the. court below in an interpleader proceeding. Had the title of the plaintiff been entirely dependent upon the bill of sale to him executed byJfiailey, on February 24, 1904, it must under the evidence- “which was produced, as to the subsequent possession, have been held invalid, as against the creditors of the latterr The property consisted of a part of the furniture in a hotel and was capable of an actual delivery. And there being no evidence of a delivery of possession, actual, symbolic or constructive, under the…
2Cases cited5 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- White v. GunnSupreme Court of Pennsylvania · 1903
- Barlow v. FoxSupreme Court of Pennsylvania · 1902
- Zuver v. ClarkSupreme Court of Pennsylvania · 1884
- Kendig v. BinkleySuperior Court of Pennsylvania · 1899
3Cited by1 opinion
- Newman v. Globe Indemnity Co.Supreme Court of Pennsylvania · 1923