Winslow, Lanier & Co. v. Leonard
Supreme Court of Pennsylvania
ERROR by both parties to the District Court of Allegheny county. Winslow, Lanier & Co. brought replevin against Samuel Leonard for 82 tons of pig metal, and on the trial the following case was presented.
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ERROR by both parties to the District Court of Allegheny county. Winslow, Lanier & Co. brought replevin against Samuel Leonard for 82 tons of pig metal, and on the trial the following case was presented. On the 22d May, 1851, D. B. Long & Co. made an agreement in writing, in which they say, “ we have this day sold to Winslow, Lanier & Co. 400 tons of pig metal, now at our landing at Washington Furnace, (Clarion county, Pa.,) or that will' soon be delivered there, and we hereby direct Mr. McClure (clerk at the furnace) to give them possession thereof, or such agent as they may send therefor.…
1Opinion of the Court
The opinion of the Court was delivered, in January, 1854, by
Lowrie, J.
To maintain replevin the plaintiffs must show that the title had vested in them. Have they done so ?
That there is much confusion of ideas and many conflicting decisions as to the vesting of the title on a sale of personal property is readily discoverable; and much of this arises from the misleading influence of unsuitable analogies. We shall refer to some of them here, in order that we may show the propriety of setting such decisions aside or using them cautiously.
The class of cases, which have tended most powerfully to…
2Cases cited13 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Ward v. ShawNew York Supreme Court · 1831
- Bailey v. OgdenNew York Supreme Court · 1808
- Andrew v. DieterichNew York Supreme Court · 1835
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth v. HessSupreme Court of Pennsylvania · 1892
- McKee, Tr. v. WardSupreme Court of Pennsylvania · 1927
- Frank Pure Food Co. v. DodsonSupreme Court of Pennsylvania · 1924
- Sharpsville Furnace Co. v. SnyderSupreme Court of Pennsylvania · 1909
- Henderson v. JenningsSupreme Court of Pennsylvania · 1910
8 more not listed; retrieve them via the Exa API.