Elder v. Corr
Superior Court of Pennsylvania
Appeal, No. 62, Oct. T., 1898, by defendant, from judgment of C. P. No. 4, Pbila. Co., March T., 1896, No. 199, on a verdict for plaintiff. Trespass. Before Arnold, J. It appears from the evidence that the defendant had sold to one Henry McHugh ten barrels of whisky for which a warehouse receipt was duly issued in the name of Henry McHugh.
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Appeal, No. 62, Oct. T., 1898, by defendant, from judgment of C. P. No. 4, Pbila. Co., March T., 1896, No. 199, on a verdict for plaintiff. Trespass. Before Arnold, J. It appears from the evidence that the defendant had sold to one Henry McHugh ten barrels of whisky for which a warehouse receipt was duly issued in the name of Henry McHugh. On March 25, 1895, McHugh pledged the warehouse certificate to the plaintiff, Elder, as part security for a loan of $4,000. Elder, with the consent of McHugh, employed Walsh, a broker, who was without a liquor license, to sell the liquor, to sell the ten…
1Opinion of the Court
Opinion by
Orlady, J.,
The statement in this action of trespass avers that the plaintiff was lawfully possessed as holder of a certain warehouse certificate, entitling him to ten barrels of whisky of the value of f800, and that he, desiring to sell the same, employed a broker, who sent the warehouse certificate by post for the purpose of consummating a sale of the property with the request that the purchaser, the defendant, have the ten barrels of whisky regauged and forward to the broker a copy of the re-gauge ; that the defendant took the whisky into his own possession and refused to give the…
2Cases cited5 opinions
- Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
- Phœnix Silk Manufacturing Co. v. ReillySupreme Court of Pennsylvania · 1898
- Rahter v. First National BankSupreme Court of Pennsylvania · 1880
- Commonwealth v. ShoberSuperior Court of Pennsylvania · 1897
- Clowes v. HughesSuperior Court of Pennsylvania · 1897
3Cited by2 opinions
- New York & Pennsylvania Co. v. Cunard Coal Co.Supreme Court of Pennsylvania · 1926
- Hertzler v. GeigleySupreme Court of Pennsylvania · 1900