Canadian Bank of Commerce v. Baum
Supreme Court of Pennsylvania
Appeal, No. 312, Jan. T., 1897, by defendants, from judgment of C. P. No. 2, Phila. Co., March T., 1896, No. 311, on verdict for plaintiff. Replevin. Before Wiltbank, J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff under binding instructions. Defendants appealed. Error assigned was above instruction.
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Appeal, No. 312, Jan. T., 1897, by defendants, from judgment of C. P. No. 2, Phila. Co., March T., 1896, No. 311, on verdict for plaintiff. Replevin. Before Wiltbank, J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff under binding instructions. Defendants appealed. Error assigned was above instruction. Where a factor or consignee-of merchandise for sale is at liberty, according to the contract, or course of dealing between him and his principal, to sell at any price lie likes, and receive payment at any time he likes, bnt is to be bound, if he sell…
1Opinion of the Court
Opinion by
Me. Justice Mitchele,
It appears by the statement of facts agreed upon at the trial that the original title to the goods in controversy upon their purchase in Arabia was made to the plaintiff bank, or its agents, who remitted the bills of lading or other title papers to the bank, which thereupon held the legal title and the constructive possession of the goods, with power to acquire the actual possession upon the arrival of the goods in this country. It is true that in equity the bank was merely a pledgee for securitj1- and repayment of the advances made by it to the Keen-Sutterle…
2Cases cited3 opinions
- Hamilton v. BillingtonSupreme Court of Pennsylvania · 1894
- Bughman v. Central BankSupreme Court of Pennsylvania · 1893
- Levy v. CookeSupreme Court of Pennsylvania · 1891
3Cited by2 opinions
- Perkins ex rel. Bank of Commerce v. HalprenSupreme Court of Pennsylvania · 1917
- Perkins ex rel. Bank of Commerce v. Lippincott Co.Supreme Court of Pennsylvania · 1918