Gattle Bros. v. Kremp

Citations

• 6 Pa. Super. 514
• 1898 Pa. Super. LEXIS 190

Syllabus

<p>Sale — Consignment for sale — Fraud.</p> <p>It has been the policy of the law and the aim and trend of all the decisions to prevent fraudulent imposition on creditors by a misleading possession ; but open, notorious and exclusive possession being destructive of all sales under consignment is not the test where there has been a bona fide and honest consignment of goods to be sold as the property of the consignor. The honesty of the transaction and.the intention of the parties while not the sole tests, are important and constituent parts of it in determining whether a transaction is a sale or consignment, with a view to determining the liability of the goods to execution creditors of the consignee or vendee.</p> <p>Consignment for sale — Fraudulent possession — Question for jury.</p> <p>. A jeweler of Reading, Pa., indebted to a New York creditor, whose claim was being pressed, met him by appointment at a place in Reading •other than the debtor’s store; at this meeting the claim was adjusted by the return of a portion of the goods originally bought from the creditor and the delivery of certain other goods belonging to the debtor merchant. These goods were actually delivered to the creditor by the debtor, and the indebtedness of the latter canceled. At the same time and place and almost immediately after the adjustment of the accounts the creditor delivered the goods so received by him in satisfaction of his debt to his former debtor to be by him sold as a consignment for the account of the New York merchant, the former creditor. Subsequently another creditor obtained judgment on a debt which had accrued prior to this transaction, and issued execution. Held, on an issue arising under a sheriff’s interpleader that the question of fraudulent possession by the debtor in possession, or bona fide consignment, was for the jury.</p>