Van Sciver Co. v. McPherson
Supreme Court of Pennsylvania
Appeal, No. 8, Jan. T., 1901, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1899, No. 804, on verdict for defendant in case of J. B. Van Sciver Company v. Mina McPherson. Replevin to recover goods sold to defendant in reliance upon a false representation. Before Wiltbank:, J. The “Statement of the Question Involved” was as follows: Rescission of sale on ground of fraudulent representations made by vendee to vendor.
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Appeal, No. 8, Jan. T., 1901, by plaintiff, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1899, No. 804, on verdict for defendant in case of J. B. Van Sciver Company v. Mina McPherson. Replevin to recover goods sold to defendant in reliance upon a false representation. Before Wiltbank:, J. The “Statement of the Question Involved” was as follows: Rescission of sale on ground of fraudulent representations made by vendee to vendor. Overruling questions tending to establish the above. Inadequate instructions on the question of insolvency, and vendor’s knowledge of it, coupled with artifice,…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
This was an action of replevin brought by the plaintiff to recover from the defendant certain furniture and upholstery goods. The property was delivered by the sheriff to the plaintiff.
These goods were sold by the plaintiff to the defendant, but she failed to pay for them. When the plaintiff’s collector presented the bill for payment, the defendant told him she had nothing and that her estate had been squandered. This action was then brought to recover the goods, on the ground that they were obtained from the plaintiff by fraud. In support of the allegations of…
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