Garretson v. Hackenberg

Citations

• 144 Pa. 107
• 22 A. 875
• 1891 Pa. LEXIS 586

Syllabus

<p>(а) A debtor’, in part payment of his debt, transferred to his creditor, in good faith, all the appliances of a lumbering camp, teams, sleds, harness, tools, chains, etc., used by him in getting out timber under contract, and also assigned to the creditor his contract with the landowner.</p> <p>(б) The purchaser and assignee did not remove the, property from the place where it was in use, but, retaining the former owner in charge as his foreman, continued operations under the contract with the landowner, until the property was levied upon at the suit of another creditor:</p> <p>1. Though a more formal delivery to the purchaser could have been made, yet, in view of the character and situation of the property, the use that was being made of it at the time, etc., no formal ceremony was necessary to a valid sale and delivery, even as against other creditors.</p> <p>2. There are many instances in which there can be only a constructive delivery. A change in the location of the properly is not always necessary, or even practicable. Due regard must be had to the character of the property, its intended use, the nature of the transaction, the position of the parties, etc.</p> <p>8. The case should therefore have been submitted to the jury, under prqper instructions, to find from the evidence whether the sale was in good faith or colorable, and whether, under the circumstances, the change of possession was all that could reasonably be expected of the vendee.</p>