Linton v. Butz
Supreme Court of Pennsylvania
In error from the Common Pleas of Washington. Oct. 25. Trespass for soiling a sausage-cutter belonging to plaintiff. The plaintiff proved that he purchased the cutter from Hill, in June or July, 1845, in payment of a debt, the article then being in the possession of Higgle. The plaintiff called at Biggie’s to get the property, and took it up to carry it off, when he was told if he would leave it, it would be put in good order.
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In error from the Common Pleas of Washington. Oct. 25. Trespass for soiling a sausage-cutter belonging to plaintiff. The plaintiff proved that he purchased the cutter from Hill, in June or July, 1845, in payment of a debt, the article then being in the possession of Higgle. The plaintiff called at Biggie’s to get the property, and took it up to carry it off, when he was told if he would leave it, it would be put in good order. The defendant seized the cutter under an execution issued against Hill in August, 1845. Ewing, P. J., left to the jury the question of actual fraud in the sale,…
1Opinion of the CourtRogers, J.
The court instructed the jury that if they believed the sale was colorable merely, the contract was void. Under this instruction the jury found it was bond fide; so that the only question is, whether the court was in error in refusing to instruct them it was fraudulent in law. The plaintiff in error relies on Young v. McClure, 2 Watts & Serg. 150; and McBride v. McClelland, 6 Watts & Serg. 94. In these cases it is held that to constitute a valid assignment of personal property against an execution, there must be a delivery accompanied and followed by a continuing possession in the assignee.…
2Cases cited1 opinion
- M'Bride v. M'ClellandSupreme Court of Pennsylvania · 1843
3Cited by11 opinions
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- Jarecki Manufacturing Co. v. Hart Bros.Superior Court of Pennsylvania · 1897
- Truck Tractor & Forwarding Co. v. BakerSupreme Court of Pennsylvania · 1924
- Caulfield v. Van BruntSupreme Court of Pennsylvania · 1896
- In re Pittsburgh Industrial Iron WorksDistrict Court, W.D. Pennsylvania · 1910
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