Rose v. Story
Supreme Court of Pennsylvania
In Error. Error to tbe Common Pleas of Tioga county. This was an action of trespass brought by Petitiah P._ Story, the defendant in error, who was plaintiff below, against Andrew Briggs, William Rose, Peter B.acker, and Bhel Baldwin, the plaintiffs in error, who were defendants below, to recover damages for talcing and selling a span of horses claimed to be the property of the plaintiff.
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In Error. Error to tbe Common Pleas of Tioga county. This was an action of trespass brought by Petitiah P._ Story, the defendant in error, who was plaintiff below, against Andrew Briggs, William Rose, Peter B.acker, and Bhel Baldwin, the plaintiffs in error, who were defendants below, to recover damages for talcing and selling a span of horses claimed to be the property of the plaintiff. On the trial of the cause in the court below, the plaintiff, who had a saw-mill, and was engaged in stocking it, after he had proved property in the horses, and the taking of them by the defendants, rested.…
1Opinion of the Court
Thé opinion of the court was delivered by
Rogers, J.
The court we think was right in presenting the case as a question of fact, depending upon the nature of the parol contract. The property on which the levy was made, was, as is agreed on all hands, to belong to Story. It was sold by him to Cummings, and whether there was an absolute or conditional sale, whether the possession of the horses was delivered to Cummings, or retained by Story, raises the difficulty, on which the jury alone can decide. If there was an absolute sale, •the title to the property having passed, it cannot be doubted the…
2Cases cited1 opinion
- Martin v. MathiotSupreme Court of Pennsylvania · 1826
3Cited by10 opinions
- Philad. Traction Co. v. OrbannSupreme Court of Pennsylvania · 1888
- Stephens v. GiffordSupreme Court of Pennsylvania · 1890
- Hamilton v. BillingtonSupreme Court of Pennsylvania · 1894
- General Motors Acceptance Corp. v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1929
- In re HartdagenDistrict Court, M.D. Pennsylvania · 1911
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