White v. Welsh
Supreme Court of Pennsylvania
Certificate from Nisi Prius. This was an action of trover brought February 10th 1858, by Henry White and James Stevens, trading as White, Stevens & Co., to the use of Isaac S. Waterman, their assignee, for the benefit of creditors, against Samuel Welsh, William Welsh, and John Welsh, trading as S. & W. Welsh, for the conversion of two hundred and thirteen hogsheads, twenty-five tierces, and two barrels of Cuba sugars.
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Certificate from Nisi Prius. This was an action of trover brought February 10th 1858, by Henry White and James Stevens, trading as White, Stevens & Co., to the use of Isaac S. Waterman, their assignee, for the benefit of creditors, against Samuel Welsh, William Welsh, and John Welsh, trading as S. & W. Welsh, for the conversion of two hundred and thirteen hogsheads, twenty-five tierces, and two barrels of Cuba sugars. The facts of the case are as follows: — ■ On the 1st of April 1857, Messrs. Aviles and Le Blanc chartered a vessel named D. G. Wilson, for a voyage from Baltimore to Cienfuegos,…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
— Judges do not ordinarily distinguish between the retainder of goods by a vendor, and their stoppage in transitu, on account of the insolvency of the vendee; because these terms refer to the same right, only at different stages of perfection and execution of the contract of sale. If a vendor has a right to stop in transitu, a fortiori he has a right of retainer before any transit has commenced.
It is by the equity of the law that this right .is allowed, in order to save an unpaid vendor, as late as possible, from an irrevocable completion…
2Cases cited2 opinions
- Barrett v. GoddardU.S. Circuit Court for the District of Massachusetts · 1822
- Hunn v. BowneNew York Supreme Court · 1804
3Cited by3 opinions
- Teller & Co. v. American Railway Express Co.Superior Court of Pennsylvania · 1922
- In re Manuel J. Portuondo Co.District Court, E.D. Pennsylvania · 1905
- In re Irish Beverage Co.District Court, S.D. New York · 1938