Keystone Watch Case Co. v. Fourth Street National Bank

Citations

• 194 Pa. 535
• 45 A. 328
• 1900 Pa. LEXIS 432

Syllabus

<p>Bailment — Contract-Possession—Fraud.</p> <p>Where goods are delivered by one person to another without an intention to pass the title, and the purpose of the contracting parties is as between themselves an honest one, and there is no concealment as to creditors oí its true nature, the contract is not constructively fraudulent.</p> <p>o Under a written contract goods were consigned by a manufacturer to a retail dealer, in trust to sell the same at not less than a specified price, the proceeds to be at once remitted to the owner; all sales to be made by the dealer as agent, and so billed, the owners to have the right at any time to terminate the contract and take back the goods; the dealer to deduct nothing for services or expenses out of the proceeds, but when a certain specified amount shall have been paid over to the owner, the balance of the goods then remaining unsold and the outstanding accounts shall become the individual property of the dealer. Held, that the contract was a valid bailment, and was not fraudulent as to creditors.</p>