Thompson v. Paret & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county : Óf January Term 1880, No. 301. Feigned issue under the Sheriff’s Interpleader Act, wherein John Paret and Frederick E. Bacon, trading as John Paret k Co., were plaintiffs, and L. A. Thompson, trustee of Hannah M. Laing, was, defendant, to determine the right to a lot of clothing levied on as the property of W. H. Laing. * At the trial, before Meyers, P. J., it appeared that on the 7th of December 1879, Thompson, as…
Read the full summary
Error to the Court of Common Pleas of Northampton county : Óf January Term 1880, No. 301. Feigned issue under the Sheriff’s Interpleader Act, wherein John Paret and Frederick E. Bacon, trading as John Paret k Co., were plaintiffs, and L. A. Thompson, trustee of Hannah M. Laing, was, defendant, to determine the right to a lot of clothing levied on as the property of W. H. Laing. * At the trial, before Meyers, P. J., it appeared that on the 7th of December 1879, Thompson, as trustee of Hannah M. Laing, obtained , a judgment by confession against W. II. Laing, and on^ the 12th of the same month…
1Opinion of the CourtJustice Trunkey
Prom the testimony of Paret the jury could have found an agreement to consign goods to Laing for sale, the invoice prices to be paid weekly or oftener if sales warranted, and all above said prices to be retained by the consignee for his own use, with right in the consignors to reclaim their unsold goods at any time. Such an agreement is a bailment, as was the contract in McCullough v. Porter, 4 W. & S. 177, and the agent or factor had no interest in the goods subject to levy and sale. If Laing’s testimony was true the goods were sold absolutely, and the vendors had no right to their return.…
2Cases cited1 opinion
- M'Cullough v. PorterSupreme Court of Pennsylvania · 1842
3Cited by12 opinions
- John Deere Plow Co. v. HersheySupreme Court of Pennsylvania · 1926
- In re WellsDistrict Court, M.D. Pennsylvania · 1905
- Peek v. HeimSupreme Court of Pennsylvania · 1889
- In re HartdagenDistrict Court, M.D. Pennsylvania · 1911
- In re RabenauDistrict Court, W.D. New York · 1902
7 more not listed; retrieve them via the Exa API.