National Union Bank v. Shearer
Supreme Court of Pennsylvania
Appeal, No. 371, Jan. T., 1907, by defendant, from judgment of C. P. Berks Co., May T., 1905, No. 101, on verdict for plaintiff in case of National Union Bank of Reading v. James Y. Shearer. Replevin for a lot of tobacco. Before Endlich, P. J. At the trial it appeared that the tobacco was stored in a building constructed by the defendant and intended to be rented by him for use as a cigar factory.
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Appeal, No. 371, Jan. T., 1907, by defendant, from judgment of C. P. Berks Co., May T., 1905, No. 101, on verdict for plaintiff in case of National Union Bank of Reading v. James Y. Shearer. Replevin for a lot of tobacco. Before Endlich, P. J. At the trial it appeared that the tobacco was stored in a building constructed by the defendant and intended to be rented by him for use as a cigar factory. While waiting for a tenant he took on storage therein a quantity of tobacco owned by J. L. and M. F. Greene, and issued to them a large number of certificates of which the following is a sample: I…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The Act of September 24, 1866, P. L. (1867) 1363, making warehouse receipts negotiable, does not define a warehouseman, and there is nothing in it requiring him to hold himself out to the general public as such. We have defined him to be “one who receives and stores goods as a business for a compensation or profit:” Bucher v. Com., 103 Pa. 528; Tradesmen’s Nat. Bank v. Jagode, 186 Pa. 556. There was sufficient evidence for the finding by the jury that the appellant was a warehouseman within our definition of the term as used in the act of 1866, and the learned and…
2Cases cited2 opinions
- Bucher v. CommonwealthSupreme Court of Pennsylvania · 1883
- Trademen's National Bank v. Thomas Kent Manufacturing Co.Supreme Court of Pennsylvania · 1898
3Cited by16 opinions
- McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
- Mitchell v. Standard Repair Co.Supreme Court of Pennsylvania · 1923
- Commonwealth v. BallardCommonwealth Court of Pennsylvania · 1975
- Bache v. HindeCourt of Appeals for the Sixth Circuit · 1925
- Morris v. BurrowsCourt of Appeals of Texas · 1915
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