Gray v. Trent

Citations

• 2 Monag. 77
• 16 A. 107
• 1888 Pa. LEXIS 831

Syllabus

<p>In an action of trespass de bonis asportatis, against a sheriff,.it appeared that the goods, which were the contents of a tobacco factory, were levied upon and sold as the property of D. B. Trent and Trent Bros. On the day of the levy, Feb. 12, 1887, Charles H. Trent, notified the sheriff that the goods were his property. The firm of Trent Bros., until some time in 1886, consisted of D. B. Trent and W. O. Trent. The plaintiff in the execution had had dealings with the firm ; loaned them money, exchanged checks with them, and knew who constituted the firm originally. In 1886, W. O. Trent withdrew from the firm, and this fact was known to the plaintiff in the execution, who testified that Charles H. Trent and D. B. Trent had said to him that their brother, W. O. Trent, had been drinking so much that “ they ” didn’t want to have anything to do with him, etc., but it did not appear that he asked if Charles was a partner, nor did he distinctly testify that he thought they were partners. They both testified that they were not partners. Held, that there was no evidence to warrant a jury in finding that there was a holding out as partners sufficient to warrant the issuing of the execution against the property claimed by the plaintiff.</p> <p>In this case, the alleged sale occurred on Feb. 11, 1887. As evidence of possession, the plaintiff, the alleged vendee, exhibited a United States license to carry on the business in his own name, procured the same day. The alleged vendor continued to live, as before, with his family, in the house where the business was conducted. The court refused to direct a verdict for the defendant, and left the question of fraud on creditors to the jury. Held, not to be error.</p>