Croft v. Jennings

Citations

• 173 Pa. 216
• 33 A. 1026
• 1896 Pa. LEXIS 686

Syllabus

<p>[Marked to be reported.]</p> <p>Sale — Delivery of possession.</p> <p>A sale without delivery of possession divests the ownership of the vendor as between him and his vendee.</p> <p>A partnership being indebted to plaintiff for wages made a bill of sale of a portion of their stock of patterns to him in satisfaction of the debt. Another creditor who had at the time an outstanding execution against the firm approved of the bill of sale. Subsequently the liquidating partner executed a second bill of sale of all the patterns to the execution creditor, the execution having been stayed in the meantime. Some time afterwards, the execution creditor sold all the patterns, including those assigned to plaintiff, and received full consideration for them. Held, that the execution creditor was liable in trespass to plaintiff for the value of the patterns included in the bill of sale to plaintiff.</p>