Reinheimer v. Hemingway
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action of replevin by Elias E. Hemingway against Martin Reinheimer, for two black mares of the value of $400. The defendant gave a property-bond to the sheriff, and retained possession; and pleaded non cepit, and property.
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Error to the Common Pleas of Northampton county. This was an action of replevin by Elias E. Hemingway against Martin Reinheimer, for two black mares of the value of $400. The defendant gave a property-bond to the sheriff, and retained possession; and pleaded non cepit, and property. The two mares in question were originally the property of the firm of Duffin, Guiley & Co., composed of Henry B. Duffin and John Guiley, Jr. The business had previously been carried on by Duffin, who was largely indebted and apparently insolvent. The same parties also did business under a railroad contract in the…
1Opinion of the Court
The opinion of the court was delivered by .
Strong, J.
The plaintiff claimed title to the mares, first, as a 'purchaser from Henry B. Dufiin, at a private sale made on the 28th or 29th of May 1855; and, secondly, as a purchaser at sheriff’s sale, under an execution levied upon the interest of Duffin in a copartnership formed between Duffin, Cortright & Sullivan. The execution was issued and placed in the sheriff’s hands on the same day on which the private sale was made, and the sale under it was effected on the 21st of June 1855. It was *436contended by tbe defendant below, that the private sale,…
2Cases cited2 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
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- Brandt v. HersheySuperior Court of Pennsylvania · 1962
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- Rockwood and Co. v. PuseySuperior Court of Pennsylvania · 1928
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