Hugus v. Robinson
Supreme Court of Pennsylvania
ERROR to the Court of Common Pleas of Westmoreland county. Trespass against the sheriff for the seizure of certain goods, as the property of Charles J. Kenley, and claimed by George Robinson, the plaintiff below. The goods seized were the contents of a drug store, formerly kept by Kenley, in Greensburg. Robinson claimed on a purchase made before the seizure, and the defence was that the purchase was a fraud upon creditors.
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ERROR to the Court of Common Pleas of Westmoreland county. Trespass against the sheriff for the seizure of certain goods, as the property of Charles J. Kenley, and claimed by George Robinson, the plaintiff below. The goods seized were the contents of a drug store, formerly kept by Kenley, in Greensburg. Robinson claimed on a purchase made before the seizure, and the defence was that the purchase was a fraud upon creditors. The jury found that it was an honest and bond fide sale in intention; and the judge of the Common Pleas (Taylor, President) charged, that if it was so, and there was an…
1Opinion of the Court
The opinion of the Court was delivered, in December, 1853, by
Lowrie, J.
Taking the finding of the jury and the evidence, we have the following case:—
Robinson made an honest purchase of this store of goods from Kenley, and the actual and exclusive possession of it was received and retained by him, and the purchase was generally known in the neighborhood; but he continued it in the same place, and allowed the signs and outward appearances to remain unchanged, and put in, to conduct it, his own son, who had, sometime before, been clerk of Kenley; and suffered Kenley, who lived in part of the…
2Cases cited4 opinions
- Streeper v. EckartSupreme Court of Pennsylvania · 1837
- Hoofsmith v. CopeSupreme Court of Pennsylvania · 1841
- Avery v. StreetSupreme Court of Pennsylvania · 1837
- Eagle v. EichelbergerSupreme Court of Pennsylvania · 1837
3Cited by8 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- Garretson v. Hackenberg, Pennsylvania Court of Common Pleas, Potter County1891
- Janney v. HowardSupreme Court of Pennsylvania · 1892
- Weller v. MeederSuperior Court of Pennsylvania · 1896
- Gattle Bros. v. KrempSuperior Court of Pennsylvania · 1898
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