Bartlick v. Josenhans

Citations

• 29 Pa. Super. 227
• 1905 Pa. Super. LEXIS 301

Syllabus

<p>Sale — Delivery of possession — Interpleader.</p> <p>In an interpleader it appeared that the defendant at one time owned the property in dispute, which was the furniture of a hotel of which he was the licensee. He sold the hotel lease, the license and the furniture, agreeing to take from the purchaser part cash and part notes. The purchaser not being able to raise all the cash secured a part of it from another to whom he gave a bill of sale of the furniture. This person sold the furniture to the plaintiff in the interpleader. Through all these transactions the furniture remained in the hotel, and the defendant knew of them all. He approved in writing of the bill of sale to the person who advanced the money, and knew that the property was to be left in the hotel, and there was evidence that he declared that the furniture was no longer liable for the debt represented by the notes, and that he would look to the proceeds of the business for the payment of the notes. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>