Hieskell v. Farmers' & Mechanics' National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 8, of Philadelphia county: Of July Term 1876, No. 79. Replevin by the Farmers’ and Mechanics’ National Bank against Colson Hieskell and others for four hundred and twenty-six bales of cotton. C. and F. M. Hieskell, two of the defendants below, claimed .property in one hundred and fifty-nine bales qf cotton (part of those named in the writ) found in their possession, and retained the same under their bond.
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Error to the Court of Common Pleas, No. 8, of Philadelphia county: Of July Term 1876, No. 79. Replevin by the Farmers’ and Mechanics’ National Bank against Colson Hieskell and others for four hundred and twenty-six bales of cotton. C. and F. M. Hieskell, two of the defendants below, claimed .property in one hundred and fifty-nine bales qf cotton (part of those named in the writ) found in their possession, and retained the same under their bond. The Hieskells pleaded, 1st. That the property to the said one hundred and fifty-nine bales of cotton, so retained by them, was in them and not in the…
1Opinion of the CourtJustice Sterrett
The bills of lading, taken by J. M. Morey & Oo. for delivery to their order, were symbols of property in the cotton, and when properly endorsed and delivered by them to Ball, Hutchings & Co. operated, in law, as a delivery of the cotton itself; thus investing the endorsees with a constructive custody which served all the purposes of an actual possession, and so continued until there was a valid and complete delivery of the property, under and in pursuance of the bills of lading, to a person entitled to receive the same. The special property and possession thus acquired by Ball, Hutchings &…
2Cases cited3 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
- Urket v. CoryellSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Pennsylvania R. Co. v. Stern & SpiegelSupreme Court of Pennsylvania · 1888
- Commonwealth v. ZubikSuperior Court of Pennsylvania · 1960
- Mitchell v. BakerSupreme Court of Pennsylvania · 1904
- F. W. McNeely & Co. v. Lake Shore & Michigan Southern Railway Co.Indiana Court of Appeals · 1917
- Sturgeon Bay Bank v. McLaughlinSuperior Court of Pennsylvania · 1916