Trademen's National Bank v. Thomas Kent Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 147, March T., 1896, No. 147, by defendants, from judgment of C. P. Delaware Co., Jan. T., 1897, No. 409, on verdict for plaintiff. Replevin to recover 183 bales of wool. Before Clayton, P. J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : There is but one very sharp point in the case, and as you shall decide that point, so your verdict will be.
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Appeal, No. 147, March T., 1896, No. 147, by defendants, from judgment of C. P. Delaware Co., Jan. T., 1897, No. 409, on verdict for plaintiff. Replevin to recover 183 bales of wool. Before Clayton, P. J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : There is but one very sharp point in the case, and as you shall decide that point, so your verdict will be. That point is simply this: Was Mr. Turtle a warehouseman in the sense defined by the act of assembly which authorizes a warehouseman to give a receipt for goods taken on storage ? Now, that is…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This belongs to the class of cases unfortunately too common, where one of two entirely innocent parties must suffer from the fraud of a third. The decision must therefore follow the better title by strict law. The wool in controversy was the property of the Keen-Sutterle Company who were the perpetrators of the fraud. The appellants have the actual possession, having received the wool in the regular course of business from the Keen-Sutterle Company and made advances upon it to nearly its full value. Their lien for repayment is now put in peril by an alleged…
2Cases cited2 opinions
- Bucher v. CommonwealthSupreme Court of Pennsylvania · 1883
- Geilfuss v. CorriganWisconsin Supreme Court · 1897
3Cited by13 opinions
- Love v. Export Storage Co.Court of Appeals for the Sixth Circuit · 1906
- Fourth St. Nat. Bank v. Millbourne Mills Co.'s TrusteeCourt of Appeals for the Third Circuit · 1909
- Mitchell v. Standard Repair Co.Supreme Court of Pennsylvania · 1923
- Security Warehousing Co. v. HandCourt of Appeals for the Seventh Circuit · 1906
- National Union Bank v. ShearerSupreme Court of Pennsylvania · 1909
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