Kimelewski v. Commonwealth

Citations

• 39 Pa. Super. 308
• 1909 Pa. Super. LEXIS 480

Syllabus

<p>Sale — Delivery of possession — Fraud.</p> <p>1. Delivery of possession is indispensable to transfer a title to chattels by the act of the owner that shall be valid against creditors.</p> <p>2. A licensed saloonkeeper occupied with his family the portion of the licensed premises not used for saloon purposes. He sold to a man who was about to marry his daughter, the household goods, the bar and bar fixtures and appliances. After the marriage the son-in-law went to live with his wife’s father, but continued in another business in which he was engaged before he was married. The father continued to conduct the saloon with his name on the window with no change in the lease or in the conduct of the saloon, or of the household affairs for two or three months. .An execution was issued on a judgment against the father, and the chattels in the licensed premises were levied upon. Subsequently the license was transferred to the son-in-law, and he took charge of the saloon. Held, that there was no such delivery of possession, as would make the alleged sale valid as against the creditors of the vendor.</p> <p>Appeals — Record—Presumption of regularity.</p> <p>3. Where error does not appear upon the record or it cannot be determined from the record whether error existed or not the appellate court will not reverse but will presume that everything was regular in the court below.</p>