Rogers v. Schadt
Supreme Court of Pennsylvania
Appeal, No. 237, Jan. T., 1906, by defendants, from judgment of O. P. Lackawanna Co., March T., 1904, No. 559, on verdict for plaintiff' in case of William B. Rogers v. Charles H. Schadt and Adolph Marcus. Trespass for wrongful levy and sale of stock of goods. Before Newcomb, J. At the trial the jury returned a verdict for plaintiff for $2,093.40, upon which judgment was entered.
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Appeal, No. 237, Jan. T., 1906, by defendants, from judgment of O. P. Lackawanna Co., March T., 1904, No. 559, on verdict for plaintiff' in case of William B. Rogers v. Charles H. Schadt and Adolph Marcus. Trespass for wrongful levy and sale of stock of goods. Before Newcomb, J. At the trial the jury returned a verdict for plaintiff for $2,093.40, upon which judgment was entered. On the rule for a new trial Newcomb, J., filed the following opinion: This is an action of trespass growing out of an attachment under the Act of March 17, 1869, P. L. 8, and its supplements. The defendants are the…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The verdict in this case was fully justified by the evidence. Under the instructions given them as to what was essential to the plaintiff’s right to recover, the jury found that the plaintiff had acquired title to the goods seized under the attach*622ment by a bill of sale, dated June 27, 1903; that he had acquired it in good faith, for a valuable and fairly adequate consideration, and without collusion with his brother in any intent to hinder, delay or defraud the latter’s creditors; that transfer of possession accompanied the sale, and that the sheriff acted at the…
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