Rapp v. Palmer
Supreme Court of Pennsylvania
THIS was an action of trover, brought in the common pleas of Alleghany county, by the defendants in error against Frederick Rapp. Palmer and Mills were merchants residing at Parkersburg, Virginia, on the Ohio river. They employed one Blinn, who had charge of a keel boat, to carry a quantity of corn, to be delivered to Hugh M’Shane at Pittsburgh.
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THIS was an action of trover, brought in the common pleas of Alleghany county, by the defendants in error against Frederick Rapp. Palmer and Mills were merchants residing at Parkersburg, Virginia, on the Ohio river. They employed one Blinn, who had charge of a keel boat, to carry a quantity of corn, to be delivered to Hugh M’Shane at Pittsburgh. Blinn, instead of delivering the corn, agreeably to contract, at Pittsburgh, sold it on the way to the defendant below, or his agent, at Economy, who contended that by this purchase, without notice of the plaintiff’s title, the property was vested in…
1Opinion of the Court
The opinion of-the Court was delivered by
Rogers, J.
I cannot perceive any essential difference between (his case and Lecky v. M’Dermott, 8 Serg. & Rawle 500. The principle, that if a wagoner, who is a common carrier, by whom goods are sent to deliver to A, sq]l them to B, the sale vests no property in the purchaser, is thought to be so plain that it is difficult to render it plainer by argument. But it is said that this is an exception, on the ground of a supposed usage of trade on the rivers Ohio and Mississippi. To take a case out of the operation of a general principle, a usage should have…
2Cases cited1 opinion
- Lecky v. M'DermottSupreme Court of Pennsylvania · 1822
3Cited by11 opinions
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- Helme v. Philadelphia Life InsuranceSupreme Court of Pennsylvania · 1869
- Bissell v. RyanIllinois Supreme Court · 1860
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