M'Donald v. Scaife
Supreme Court of Pennsylvania
Error, to the District Court of Allegheny. Sept. 4. This was au action of replevin brought by Scaife and others, owners of the steamboat “Arrow,” against John M’Donald, for a certain keel-boat, called “ Rambler, No. 2.” Pleas, non eepit, and property.
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Error, to the District Court of Allegheny. Sept. 4. This was au action of replevin brought by Scaife and others, owners of the steamboat “Arrow,” against John M’Donald, for a certain keel-boat, called “ Rambler, No. 2.” Pleas, non eepit, and property. The original owner of the keel-boat, Morris, authorized his agent, M’Grarigle, to sell it, which he did on the 1st September, to the plaintiffs, and the next day Morris himself sold it to M’Donald, notifying M’D., before he sold to him, of M’Grarigle’s agency to sell. The keel-boat was coming down the river at the time in tow of a steamer, and…
1Opinion of the Court
The opinion of this court was delivered by
Rogers, J.
Two errors are assigned, one of which only it will be necessary particularly to notice, as the first is clearly untenable. It would have been an unwarrantable interference with the province of a jury, for the court to have instructed them, as a matter of law, that the testimony given showed such a sale and delivery of the boat as vested the right in the owner of the steamboat Arrow. The evidence of ownership was a disputed fact, which was left properly to the decision of the jury. The only possible difficulty there can be in the case, is in…
2Cases cited3 opinions
- Brizsee v. MaybeeNew York Supreme Court · 1839
- Hosack v. WeaverSupreme Court of Pennsylvania · 1795
- Cable, Fitch & Losee v. Dakin & DakinNew York Supreme Court · 1838
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- Stone v. C. I. T. Corp.Superior Court of Pennsylvania · 1936
- Duroth Manufacturing Co. v. CauffielSupreme Court of Pennsylvania · 1914
- Ray v. NavarreSupreme Court of Oklahoma · 1915
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