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· 1/18/1897

Clowes v. Hughes

Citations

  • 3 Pa. Super. 561
  • 1897 Pa. Super. LEXIS 58

Syllabus

<p>Warehouseman — -Conversion—Notice of title.</p> <p>Ordinarily in order to create a conversion a sufficient demand and re fusal are both essential. A demand is nothing without a refusal. Where, however, on notice of title to goods stored with a warehouseman there is not only denial of title in the claimant but an assertion of title in and. delivery of the goods to another pei'son, after notice of a dispute, a clear case of conversion of the property is made out.</p> <p>Where a warehouseman elects 'to settle a controversy between disputants he volunteers too much, as he is fully protected under the statute regulating his business.</p> <p>Under such conditions it is not necessary to make tender of the charges and demand the property before bringing suit.</p>

Judges: Beaver, Orlady, Reeder, Rice, Smith, Wickham, Willard

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