Cincinnati Cooperage Co. v. Gaul
Supreme Court of Pennsylvania
Appeal, No. 189, Jan. T., 1895, by defendant, from judgment of C. P. Berks Co., June T., 1893, No. 45, on verdict for plaintiff. Replevin to recover possession of a lot of beer kegs. Before Endlioh, J. At the trial it appeared that in December, 1892, plaintiff, through its agent, sold to Eyring a quantity of kegs upon a credit of four months. The parties had been dealing with each other before, but the size of the order upon this occasion greatly exceeded any former one.
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Appeal, No. 189, Jan. T., 1895, by defendant, from judgment of C. P. Berks Co., June T., 1893, No. 45, on verdict for plaintiff. Replevin to recover possession of a lot of beer kegs. Before Endlioh, J. At the trial it appeared that in December, 1892, plaintiff, through its agent, sold to Eyring a quantity of kegs upon a credit of four months. The parties had been dealing with each other before, but the size of the order upon this occasion greatly exceeded any former one. Calling Eyring’s attention to that circumstance, the agent asked him how he stood financially. Eyring replied, “ I am in…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This is a very close case, and the important question in it is whether the evidence was sufficient to authorize the verdict on which the judgment appealed from was entered. It is an action of replevin for a lot of beer kegs, and is in rescission of the contract under which the kegs were sold and delivered by the plaintiff to the defendant’s assignor. It was brought on the theory that the sale was effected through the fraud of the purchaser. The elements of the alleged fraud are the insolvency of the purchaser, and his knowledge and concealment of it at the time…
2Cases cited4 opinions
- Smith v. Smith, Murphy, & Co.Supreme Court of Pennsylvania · 1853
- Rodman v. ThalheimerSupreme Court of Pennsylvania · 1874
- Wessels v. Weiss Bros.Supreme Court of Pennsylvania · 1893
- Backentoss v. SpeicherSupreme Court of Pennsylvania · 1858
3Cited by11 opinions
- Commonwealth v. SmithSuperior Court of Pennsylvania · 1897
- J. S. Lowrey & Co. v. UlmerSuperior Court of Pennsylvania · 1896
- Yonker v. VaneerSuperior Court of Pennsylvania · 1927
- Whiting Manufacturing Co. v. BankSuperior Court of Pennsylvania · 1900
- Diller v. NelsonSuperior Court of Pennsylvania · 1899
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