Legal Opinion

Cessna v. Nimick

Supreme Court of Pennsylvania

Decided May 24, 1886PublishedCited by 4 opinions

Eeeoe to the Court of Common Pleas of Bedford county: Of January Term, 1886, No. 299. This was a feigned issue under the sheriff’s interpleader acts, wherein Alexander Nimick.

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Eeeoe to the Court of Common Pleas of Bedford county: Of January Term, 1886, No. 299. This was a feigned issue under the sheriff’s interpleader acts, wherein Alexander Nimick. George P. McBride and John S. Slagel trading as Nimick & Co. were plaintiffs, and John Cessna was defendant, to try whether or not the said plaintiffs, Nimick & Co., are the legal owners of the pig iron levied on by the sheriff of Bedford county by virtue of the writ of fieri facias in favor of the defendant as the property of the Kemble Coal & Iron Co., and whether or not, as such owners, they are entitled to keep and…

1Opinion of the Court

The opinion of the Court was delivered

2Per curiam

The question as to what acts are necessary, on the sale of a chattel, to constitute a valid delivery as against third persons, has been frequently considered. It is now well settled that a change of the location of the property is not in all cases essentially necessary. Due regard must be had to the character of the property, the nature of the transaction, the position of the parties and the intended use of the property. If the purchase be in good faith and for a valuable consideration, followed by acts intended to transfer the possession as well as the…

3Cited by4 opinions

  1. Ayers v. McCandlessSupreme Court of Pennsylvania · 1892
  2. Blau v. BernagozziSuperior Court of Pennsylvania · 1913
  3. Nathenson v. CrosslandSuperior Court of Pennsylvania · 1913
  4. Weller v. MeederSuperior Court of Pennsylvania · 1896

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