Paul v. Eurich
Superior Court of Pennsylvania
Appeal, No. 55, Nov. T., 1895, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1894, No. 27, on verdictfor defendant. Sheriff’s interpleader to try the right to certain property. Before Livingston, P. J. It appeared from the evidence that the plaintiff was a wholesale shoe dealer in Philadelphia.
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Appeal, No. 55, Nov. T., 1895, by plaintiff, from judgment of C. P. Lancaster Co., Aug. T., 1894, No. 27, on verdictfor defendant. Sheriff’s interpleader to try the right to certain property. Before Livingston, P. J. It appeared from the evidence that the plaintiff was a wholesale shoe dealer in Philadelphia. He, through his salesman, sold certain goods to John S. Newhauser who was operating a shoe store in Lancaster, Pa., having been previously engaged in business at Lebanon. The amount due for goods sold was $960.65, exclusive of interest. Of that amount $780.85 was for an order for shoes…
1Opinion of the Court
Opinion by
Beaver, J.,
Tried by the rule clearly and concisely laid down in Rod-man v. Thalheimer, 75 Pa. 232, there was nothing in this case to be submitted to the jury. Admitting that Newhauser, the vendee of the plaintiff, was insolvent and that he knew it, there was neither artifice, trick nor false pretense used by him as the means of obtaining possession of the goods purchased from the plaintiff. All that he knew he communicated to the plaintiff’s salesman. Iiis financial condition was fully and frankly laid bare. The salesman testifies: “ I asked him about his financial standing, and he…
2Cases cited2 opinions
- Rodman v. ThalheimerSupreme Court of Pennsylvania · 1874
- McCune v. McCuneSupreme Court of Pennsylvania · 1894
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