Duplex Printing Press Co. v. Clipper Publishing Co.

Citations

• 213 Pa. 207
• 62 A. 841
• 1906 Pa. LEXIS 448

Syllabus

<p>Practice, C. P. — Reservation of question of law — Receiver’s sale — Replevin.</p> <p>In replevin by a vendor against a purchaser at a sale by the receiver of a conditional vendee where the real issue is which has the better title, the reservation of a point whether there is any evidence on wfifich the plaintiff can recover is improper in form. The question should be reserved explicitly, or on a request to the court to direct a verdict for the defendant. If the court, however, treats the reservation as if it were based upon such a direction, the error in form is not fatal.</p> <p>Contract- — Sale—Conditional sale- — Rights of creditors — Receivers.</p> <p>Whatever rights the vendor in a conditional sale may reserve as between himself and the conditional vendee, the goods in the hands of the latter are subject to levy by his creditor; nor is it material that the purchaser at a receiver’s sale of such goods had notice of the vendor’s continuing title.</p> <p>When on a creditor’s bill, a receiver is appointed for an insolvent corporation, he is not limited like an assignee for the benefit of creditors by the rights of the debtor corporation as to property held by it under a conditional sale, but has the rights of a levying creditor, and a sale by him passes a good title against the vendor irrespective of the purchaser’s status as a creditor either with or without notice.</p>