Barker v. Parkenhorn
United States Circuit Court
At law. This was an action of trover and conversion, to recover the value of a vessel, pledged by plaintiff with defendant to secure a sum of money loaned. The vessel, after the pledge, and whilst lying in the state of Delaware, where she was at the time she was pledged, was sold under a judgment rendered by a magistrate of that state, upon an attachment of a Mr. Long against the plaintiff, and was purchased by the defendant.
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At law. This was an action of trover and conversion, to recover the value of a vessel, pledged by plaintiff with defendant to secure a sum of money loaned. The vessel, after the pledge, and whilst lying in the state of Delaware, where she was at the time she was pledged, was sold under a judgment rendered by a magistrate of that state, upon an attachment of a Mr. Long against the plaintiff, and was purchased by the defendant. He found it necessary, before he could remove her, to lay out a sum of money in her repairs, after which he brought her to Philadelphia. Some time after the money was…
1Opinion of the Court
WASHINGTON, Circuit Justice.
The most favourable light in which this case can be considered for the plaintiff, is, that the defendant, by the purchase under the execution, became a trustee for the plaintiff; and it is clear, that the plaintiff could not reclaim his property, without paying or tendering, as well all necessary and proper sums advanced by defendant, on account of the trust property, as the original debt and interest. The question then is, did he tender all that was due? He did not, on the first meeting, make a legal tender of anything but the debt and interest, for the money was…
2Cited by4 opinions
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
- Williams v. PatrickMassachusetts Supreme Judicial Court · 1900
- Hazard v. LoringMassachusetts Supreme Judicial Court · 1852
- Runyan v. McConnellsburg Borough School District, Pennsylvania Court of Common Pleas, Fulton County1939