Hamilton v. Billington
Supreme Court of Pennsylvania
Appeal, No. 247, Jan. T., 1894, by plaintiffs, from judgment of C. P. No. 3, Phila. Co., June T., 1892, No. 1028, on verdict for defendant. Sheriff’s interpleader to determine ownership of certain biey cles taken in execution as property of T. Henry Sweeting. Before Gordon, J. The facts appear by the opinion of the Supreme Court. Binding instruction for defendant was given. Verdict and judgment for defendant.
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Appeal, No. 247, Jan. T., 1894, by plaintiffs, from judgment of C. P. No. 3, Phila. Co., June T., 1892, No. 1028, on verdict for defendant. Sheriff’s interpleader to determine ownership of certain biey cles taken in execution as property of T. Henry Sweeting. Before Gordon, J. The facts appear by the opinion of the Supreme Court. Binding instruction for defendant was given. Verdict and judgment for defendant. Plaintiffs appealed. ' Error assigned was above instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Green,
In all the cases which have come before us presenting the question which appears on this record, we have referred ourselves to the contract of the parties, and upon its interpretation we have adjudged the rights of the parties litigant. If the transaction was a conditional sale, whether in form or in substance, we have held the title in the vendee, and therefore subject to the claims of his creditors, but if it was a bailment, we have held the title in the bailor, and not subject to any claims of the vendee’s creditors. The cases are so numerous that it will be…
2Cases cited9 opinions
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