Legal Opinion

Bucher v. Commonwealth

Supreme Court of Pennsylvania

Decided October 1, 1883No. 144PublishedCited by 18 opinions

Error to the Court of Quarter Sessions of Cumberland county: Of January Term. 1883, No. 144. This was an indictment against R. A. Bucher under the Act of September 24th 1866 (P. L. 1866, p. 1363), charging him as a warehouseman, with transferring and removing beyond his immediate control, grain, for which he had given a receipt, without requiring its return. Plea, not guilty.

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Error to the Court of Quarter Sessions of Cumberland county: Of January Term. 1883, No. 144. This was an indictment against R. A. Bucher under the Act of September 24th 1866 (P. L. 1866, p. 1363), charging him as a warehouseman, with transferring and removing beyond his immediate control, grain, for which he had given a receipt, without requiring its return. Plea, not guilty. On the trial, before Rowe, P. J., the following facts appeared ; R. A. Bucher, the defendant, had been for over twenty years engaged in the business of buying and soiling grain and produce at Kingston, Cumberland county.…

1Opinion of the CourtJustice G-okdost

No exception can be taken to the charge of the learned judge of the court below as a critical exposition of the Act of September 24th, 1866 (P. L. 1866, 1363.) We have no doubt that he was strictly correct in saying that the whole object of the Act was to protect the transferee of what is technically known as warehouse receipts. This kind of paper, together with bills of lading and receipts for goods in transit, are, by this Act, made negotiable, hence for the protection of those persons to whom these kinds of securities are passed, it is made a penal offence for any “ warehouseman,…

2Cited by18 opinions

  1. Savage v. Salem Mills Co.Oregon Supreme Court · 1906
  2. Ex Parte LingenfelterCourt of Criminal Appeals of Texas · 1911
  3. Williams v. Southern Pacific Co.California Supreme Court · 1916
  4. National Union Bank v. ShearerSupreme Court of Pennsylvania · 1909
  5. Trademen's National Bank v. Thomas Kent Manufacturing Co.Supreme Court of Pennsylvania · 1898

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