Macky v. Dillinger
Supreme Court of Pennsylvania
Certificate from Nisi Prius: Of January Term 1869, No. 397. This was an action of replevin, brought by S. Dillinger & Son against Samuel Macky & Co., for 40 barrels of whiskey, of the value of $2500. The defendants gave a claim-property bond and retained the goods; they pleaded “non ceperunt” and “property in themselves.”
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Certificate from Nisi Prius: Of January Term 1869, No. 397. This was an action of replevin, brought by S. Dillinger & Son against Samuel Macky & Co., for 40 barrels of whiskey, of the value of $2500. The defendants gave a claim-property bond and retained the goods; they pleaded “non ceperunt” and “property in themselves.” The plaintiffs were manufacturers of whiskey in Westmoreland county, and in February 1869 consigned to Moorehead & Co., who were commission merchants, 50 barrels of whiskey, to be sold for plaintiffs at $1.60 per gallon. Moorehead & Co. sold 10 barrels of the whiskey, and…
1Opinion of the Court
The opinion of the court was delivered, January 27th 1873, by
Agnew, J.
This was an action of replevin for forty barrels of whiskey. Dillinger & Son were distillers in the western part of the state, and consigned the whiskey to Moorhead & Co., of Philadelphia, for sale. Moorhead & Co. pledged the whiskey to Macky for the repayment of a loan .of $3700. The instrument of hypothecation embraced other whiskey pledged for the same loan, including ten barrels testified to belong to Moorehead & Co. themselves. On the trial, James R. Moorhead, who transacted the business, testified that he had told…
2Cited by9 opinions
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- National Cash Register Co. v. CochranSuperior Court of Pennsylvania · 1903
- Dearing Water Tube Boiler Co. v. ThompsonMichigan Supreme Court · 1909
- Woodlawn Farm Dairy Co. v. Erie R. R.District Court, M.D. Pennsylvania · 1921
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