Legal Opinion

Hoofsmith v. Cope

Supreme Court of Pennsylvania

Decided January 2, 1841PublishedCited by 8 opinions

This was a writ of error to the Court of Common Pleas of Monroe County, to remove the record of an action of trespass vi et armis et de bonis asportatis fyc., brought by John Cope against Peter Hoof-smith, Joseph Teel, Charles Sprenger, and George Murphy.

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This was a writ of error to the Court of Common Pleas of Monroe County, to remove the record of an action of trespass vi et armis et de bonis asportatis fyc., brought by John Cope against Peter Hoof-smith, Joseph Teel, Charles Sprenger, and George Murphy. On the trial before Jessup, (President) on the 3d of September, 1840, it appeared that Charles Sprenger, one of the defendants, had previously to the 13th of February, 1839, kept a store in' Monroe county, and on that day made an assignment of all his goods &c. to Kreider and Hanse, merchants in Philadelphia,, in payment of a debt due to…

1Opinion of the Court

The opinion of the court was delivered by

Sergeant, J.

The charge of the court is so full and explicit, as to render it necessary to do little more than refer to it for the principles applicable to the case.

The questions asked by the defendant as to the consideration which passed from Cope to Kreider & Hanse, for the bill of sale, were properly overruled. It was immaterial what that consideration was, or whether there was any consideration at all. A mere gift would convey to Cope the interest of Kreider & Hanse; and the only question was, what was the title of Kreider & 'Hanse, thus conveyed,…

2Cited by8 opinions

  1. Clute v. SteeleNevada Supreme Court · 1871
  2. Barr v. ReitzSupreme Court of Pennsylvania · 1867
  3. Hugus v. RobinsonSupreme Court of Pennsylvania · 1853
  4. Wattson v. . CampbellNew York Court of Appeals · 1868
  5. Gilbert v. DeckerSupreme Court of Connecticut · 1885

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