Barlow v. Fox
Supreme Court of Pennsylvania
Appeal, No. 72, Jan. T., 1902, by plaintiff, from judgment of C. P. Erie Co., Feb. T., 1901, No. 152, on verdict for defendant in case of George H. Barlow, Trustee, v. G. A. Fox. Replevin to recover possession of personal property in a hotel. Before Wallace, P. J., specially presiding. At the trial it appeared that on April 30, 1894, James Edwards, then proprietor of the1 Phoenix hotel in the city of Corry, Pennsylvania, sold and delivered, to Thos.
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Appeal, No. 72, Jan. T., 1902, by plaintiff, from judgment of C. P. Erie Co., Feb. T., 1901, No. 152, on verdict for defendant in case of George H. Barlow, Trustee, v. G. A. Fox. Replevin to recover possession of personal property in a hotel. Before Wallace, P. J., specially presiding. At the trial it appeared that on April 30, 1894, James Edwards, then proprietor of the1 Phoenix hotel in the city of Corry, Pennsylvania, sold and delivered, to Thos. F. Oliver, and William E. Oliver, doing business as Oliver Brothers, the business and all the personal property in the hotel, for the sum of…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
When by the action of the parties there has been a separation of the title and possession of personal property, courts will scrutinize the transaction to determine the real intention, and but little regard will be given to the form which it has taken or the name by which it is called. The law is liberal in not requiring an actual change of possession when it will defeat the lawful purpose of the parties. But there has been no deviation from the general rule that delivery of possession is indispensable to transfer a title, by the act of the owner, that shall be valid…
2Cases cited2 opinions
- McKibbin v. MartinSupreme Court of Pennsylvania · 1870
- Jenkins v. EichelbergerSupreme Court of Pennsylvania · 1835
3Cited by21 opinions
- White v. GunnSupreme Court of Pennsylvania · 1903
- Fourth St. Nat. Bank v. Millbourne Mills Co.'s TrusteeCourt of Appeals for the Third Circuit · 1909
- Shipler v. New Castle Paper Products Corp.Supreme Court of Pennsylvania · 1928
- Bowersox v. Weigle & MyersSuperior Court of Pennsylvania · 1921
- Callahan v. Union Tr. Co. of Pbgh.Supreme Court of Pennsylvania · 1934
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