Stadtfeld v. Huntsman & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term 1879, No. 136. Replevin by D. W. Huntsman & Co. against Moritz Stadtfeld for certain household goods. Huntsman & Co. are engaged in the furniture business in the city of Allegheny, Pa. On October 29th 1877, O. B. -Carpenter came to their store for the purpose of purchasing furniture.
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Error to the Court of Common Pleas No. 1, of Allegheny county: Of October and November Term 1879, No. 136. Replevin by D. W. Huntsman & Co. against Moritz Stadtfeld for certain household goods. Huntsman & Co. are engaged in the furniture business in the city of Allegheny, Pa. On October 29th 1877, O. B. -Carpenter came to their store for the purpose of purchasing furniture. He selected such furniture as he desired, and it was charged to him upon the books of Huntsman & Co., and under said charge was entered the following agreement: “ The above goods are received by the undersigned, Otis B.…
1Opinion of the CourtJustice Paxson
It has long been an established rule in Pennsylvania, that a sale and delivery of personal property, with an agreement that the ownership shall remain in the vendor until the purchase-money is paid, is fraudulent and void as to the creditors of the vendee, and innocent purchasers. Yet there are exceptions to the rule that possession must .accompany the ownership of chattels. It was said by Tilghman, C. J., in Martin v. Mathiot, 14 S. & R. 214, that “There are certain necessary and lawful contracts by which the owner parts with the possession, and yet fraud cannot be presumed. Such are the…
2Cases cited4 opinions
- Jenkins v. EichelbergerSupreme Court of Pennsylvania · 1835
- Clark v. JackSupreme Court of Pennsylvania · 1838
- Lowther v. LawrenceOhio Supreme Court · 1833
- Lehigh Co. v. FieldSupreme Court of Pennsylvania · 1844
3Cited by9 opinions
- General Motors Acceptance Corp. v. HartmanSuperior Court of Pennsylvania · 1934
- Farquhar v. McAlevy, Pennsylvania Court of Common Pleas, Huntingdon County1891
- Jones v. WandsSuperior Court of Pennsylvania · 1896
- In re ButterwickDistrict Court, M.D. Pennsylvania · 1904
- Peek v. HeimSupreme Court of Pennsylvania · 1889
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