Lecky v. M'Dermott
Supreme Court of Pennsylvania
In Error. THIS was an action oí'replevin brought in the Common Pleas of Allegheny county, by the administrator of William M<-Dermott, deceased, against William Lecky.
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In Error. THIS was an action oí'replevin brought in the Common Pleas of Allegheny county, by the administrator of William M<-Dermott, deceased, against William Lecky. On the trial of the cause, it was proved by the plaintiff, that William MlDermoit employed one Roberts, a wagoner, to carry a quantity oi stee* and other articles, from Huntingdon to Pittsburg, to be delivered to Dobbins Co. Roberts carried the goods to Pittsburg, and instead of delivering them to Dobbins Co. sold them out of his wagon in one of the streets of Pittsburg, to the defendant; who contended, that by this purchase,…
1Opinion of the Court
Tughman C. J.
delivered the opinion of the Court.
This is so plain a case, that it is difficult to render it plainer by argument. The defendant’s right to this property is just as good as his right would have been to a horse which he had purchased from a smith to whom he had been sent by the owner, for the purpose of being shod ; or to a coat, which *501he had purchased from a taylor who had received it, with orders to mend, and return it. M'-Dermott, who delivered the goods in question to' the wagoner, was guilty of no imprudence, nor held out any false colours, by which the world might be…
2Cases cited1 opinion
- Hosack v. WeaverSupreme Court of Pennsylvania · 1795
3Cited by2 opinions
- Dwight v. CutlerMichigan Supreme Court · 1855
- Rapp v. PalmerSupreme Court of Pennsylvania · 1834