Bank v. Carr

Citations

• 15 Pa. Super. 346
• 1900 Pa. Super. LEXIS 354

Syllabus

<p>Nonsuit — Review of refusal to take off — Rule applied on appeal.</p> <p>The refusal to take off a peremptory nonsuit is in the nature of a judgment for defendant on demurrer to plaintiff’s evidence, and in testing the correctness of such refusal the plaintiff is entitled to the benefit of every fact and inference of fact which fairly might have been found by the jury, or drawn by them from the evidence before them.</p> <p>Tested by this rule the action of the court below in the case at bar in refusing to take off the nonsuit is held to be correct.</p> <p>Record of chattel mortgage — Notice—Failure to examine when not evidence of bad faith.</p> <p>The record of an instrument is notice only to those who are bound to look for it. A chattel mortgage in New York is a secret lien not valid or recognized in Pennsylvania, and the failure of purchaser in Pennsylvania to look for such mortgage prior to buying cattle brought into the state for sale, does not bind him when it appears that the cattle were covered by such mortage; nor is it even a scintilla of evidence of mala fides in the transaction in a suit by the mortgagee against such purchaser from the mortgagor.</p>