Legal Opinion

Summeril v. Elder

Supreme Court of Pennsylvania

Decided September 12, 1804PublishedCited by 8 opinions

THIS was an action of replevin for two hogsheads of coffee1 in which the defendant claimed property. It was tried at Nisi Prius in Februar~i 1804, before SHIPPnN C. J. and Si~xTix J. when a verdict was found for the defendant, subject to the opinion of the court upon a case which was in substance this: D'.wson and Watt, merchants at C'ape Franco~s, were the common agent of plaintiff and defendant, and were indebted t~ both at the time hereafter mentiqned, for the proceeds of…

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THIS was an action of replevin for two hogsheads of coffee1 in which the defendant claimed property. It was tried at Nisi Prius in Februar~i 1804, before SHIPPnN C. J. and Si~xTix J. when a verdict was found for the defendant, subject to the opinion of the court upon a case which was in substance this: D'.wson and Watt, merchants at C'ape Franco~s, were the common agent of plaintiff and defendant, and were indebted t~ both at the time hereafter mentiqned, for the proceeds of sundry cargoes consigned to them. B. F. Garrigues the owner of the brig ~ulia addressed her in the latter part of 1801…

1Opinion of the Court

Shippen C. J.

Even granting that the parties in this case have equal equity, still he that has the law must prevail. Now there can be nothing more clear than that upon the delivery of the bill of lading to the captain upon the 31st of January, the *109property vested in the defendant, it continued at his risk from that time to the 10th February, and had it been lost he and not Dawson and Watt would have been the sufferers. After having so vested, there was no authority in the agents to change the rights of the parties. The opinion of the court is that there must be

Judgment for defendant.

2Cited by8 opinions

  1. Murdy v. McCutcheonSupreme Court of Pennsylvania · 1880
  2. Clark v. MauranNew York Court of Chancery · 1831
  3. Camp v. WoodSupreme Court of Pennsylvania · 1840
  4. Schmertz v. DwyerSupreme Court of Pennsylvania · 1867
  5. Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1812

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