Legal Opinion

Central National Bank ex rel. Styer & Bro. v. Gallagher

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 47Published

Appeal, No. 47, July T., 1898, by defendant, from judgment of C. P. Chester.Co., Jan. T.,.1892, No. 77, on verdict for plaintiff. Trespass against sheriff. Before Waddell, P. J. The facts appear by the opinion of the Supreme Court. ' The court charged as follows: “ In the view that T take of the case, Mr. Hemphill had no property in this car of oats.

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Appeal, No. 47, July T., 1898, by defendant, from judgment of C. P. Chester.Co., Jan. T.,.1892, No. 77, on verdict for plaintiff. Trespass against sheriff. Before Waddell, P. J. The facts appear by the opinion of the Supreme Court. ' The court charged as follows: “ In the view that T take of the case, Mr. Hemphill had no property in this car of oats. The firm of Bryan & Co. obtained a bill of lading on this car load'of oats, drew their draft for the value of it upon Mr. Hemphill, sold-that draft and bill of lading to the bank, and the bank forwarded it to the First National Bank of West…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

This is an action of trespass against the defendant, sheriff of Chester county, for selling a car load of oats. It appears from the evidence that, on October 3, 1890, E. D. Hemphill, of West Chester, purchased from Bryan & Co., of Peoria, Illinois, a car load of oats at the price of 44 cents per bushel. The oats was shipped (car 3666) by Bryan & Co., on October 11th following, consigned to Hemphill, the shippers receiving from the carrying company a bill of lading. To this bill, the shippers attached a draft on Hemphill for $268.43, the price of the oats, and…

2Cases cited1 opinion

  1. Zacharias v. TottonSupreme Court of Pennsylvania · 1879

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