Elder v. Corr

Citations

• 9 Pa. Super. 228
• 1899 Pa. Super. LEXIS 12

Syllabus

<p>Actions — Trespass—Tortious conversion-of goods sold for cash.</p> <p>The tortious conversion of ten barrels of whisky by a proposing purchaser wlm has fraudulently induced the plaintiff, through a broker, to deliver 1 hem to him, upon the express condition that it should be regauged and paid for in cash and which he subsequently converted to his own use, discloses a cause of action for which trespass is the proper remedy.</p> <p>Fraudulent conversion — Public policy — Defense of illegal sale of liquor held as collateral.</p> <p>The principles that a court will not enforce a contract because it is against public policy and that the courts will not aid a party in an action grounded on an illegal act, cannot be invoked to protect a defendant who fraudulently obtains another man’s property. The law does not put a premium on an attempt to reap tne fruits of fraud under the guise of public policy.</p> <p>A man holding a warehouse certificate for ten barrels of whisky as collateral security for a debt sold the collateral for cash ; the vendee tortiously converted the property to his own use and refused to return the certificate or pay for the whisky. Held, in an action of trespass, that defendant could not set up the defense that the owner of the certificate was not a licensed vendor of liquor who had paid a government lax as a wholesale dealer.</p>