Schumacher v. Eby
Supreme Court of Pennsylvania
ERROR to tbe Common Pleas of Lancaster county. This was an action of trespass to Angnst Term, 1853, by Frederick Schumacher v. Elias Eby, sheriff of Lancaster county, for seizing and selling thirty-two hogsheads of tobacco. The plaintiff was a merchant in the city of Baltimore, engaged in the tobacco trade.
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ERROR to tbe Common Pleas of Lancaster county. This was an action of trespass to Angnst Term, 1853, by Frederick Schumacher v. Elias Eby, sheriff of Lancaster county, for seizing and selling thirty-two hogsheads of tobacco. The plaintiff was a merchant in the city of Baltimore, engaged in the tobacco trade. On the 14th of May, 1852, John Hiett, then of McConnellsville, Ohio, received from him his acceptances of Hiett’s drafts to the amount of nearly $8000, under an arrangement set forth in the receipt then taken by him from Hiett, as follows: “ Received of' F. Schumacher his acceptances on my…
1Opinion of the Court
The opinion of the Court was delivered by
Lowkib, J.
Booking at the evidence and the charge together, we find that the instruction to the jury was that, when one has advanced money for another on the faith of an engagement that goods should be consigned for sale to meet the advances, and they are so consigned through the medium of a common carrier, to be delivered to the lender, and a bill of lading is sent to him accordingly, and while they are on their way the lender purchases the full title to them in part payment of his advances, and gets a bill and receipt for them; this does not transfer…
2Cases cited3 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Newbold v. WrightSupreme Court of Pennsylvania · 1833
- Summeril v. ElderSupreme Court of Pennsylvania · 1804
3Cited by3 opinions
- Perlman & Co. v. Sartorius & Co.Supreme Court of Pennsylvania · 1894
- Bacharach & Co. v. Chester Freight Line, Pennsylvania Court of Common Pleas, Delaware County1890
- Mull v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909