City Bank v. Easton Boot & Shoe Co.

Citations

• 187 Pa. 30
• 40 A. 1026
• 1898 Pa. LEXIS 766

Syllabus

<p>Sale — Chattel mortgage — Notice—Innocent purchaser — Fraud.</p> <p>A resident of New York state executed in New York a paper to a bank which was in effect a chattel mortgage of certain hides, but he did not deliver possession of the hides to the bank; then he made a contract with defendant for a future delivery of hides, receiving a payment in advance, and subsequently delivered the mortgaged hides to a railroad company to be shipped to the defendant, in fulfilment of his contract. While the goods were in transitu, the bank telegraphed defendant that it was the owner of the goods, which was the first notice that defendant had of the bank’s title. Held, in an action of replevin by the bank, that the defendant was entitled to retain the hides.</p>