M'Cullough v. Porter
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Porter and Cassidy against M’Cullough and Richardson. This was an action of trespass de bonis asportatis.
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ERROR to the District Court of Allegheny county. Porter and Cassidy against M’Cullough and Richardson. This was an action of trespass de bonis asportatis. The plaintiffs, merchants resident in Pittsburgh, entered into the following arrangement with William Alexander, of Beaver, for the sale of goods: Pittsburgh, 30th August 1839. “ Porter and Cassidy agree to consign to William Alexander groceries to the value of $ , to be sold by the said Alexander at not less than the invoice prices of the said goods. The invoice price of the said goods, when the same are sold, to be paid to the said Porter…
1Opinion of the Court
*178The opinion of the Court was delivered by
Gibson, C. J.
— A man may certainly give employment to a factor from motives of benevolence, and without an expectation of gain; but he cannot give him the substantial ownership of the goods without its burthens. Unless he retain the title with power to enforce it against the factor himself, he cannot enforce it against the factor’s creditors: the goods fall into the mass of the factor’s effects and are subject to make satisfaction for his debts, as if they had originally belonged to him. And this springs from the policy of the law which discourages…
2Cases cited1 opinion
- Jenkins v. EichelbergerSupreme Court of Pennsylvania · 1835
3Cited by16 opinions
- Hamilton v. BillingtonSupreme Court of Pennsylvania · 1894
- National Bank v. GoodyearSupreme Court of Georgia · 1893
- Keystone Watch Case Co. v. Fourth Street National BankSupreme Court of Pennsylvania · 1900
- Enlow v. KleinSupreme Court of Pennsylvania · 1875
- In re WellsDistrict Court, M.D. Pennsylvania · 1905
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