Levis v. Lochiel I. & S. Works

Citations

• 129 Pa. 238
• 18 A. 1120
• 1889 Pa. LEXIS 947

Syllabus

<p>(a) Plaintiff sold defendant certain old iron rails, guaranteeing a certain freight rate, the rails being retained in the control of plaintiff as security for notes given, with authority to sell the iron if the notes were not paid.</p> <p>(b) The freight rate paid by defendant was in excess of that guaranteed, and defendant gave to plaintiff an order to pay the excess to a creditor of defendant. The notes being unpaid, plaintiff sold the rails, and was about to deliver, when some of them were taken by defendant.</p> <p>1. On the trial of a replevin brought by plaintiff for the rails taken, the question being whether the defendant had fully paid for the rails and then owned them, the plaintiff was entitled to credit for the freight excess he had paid to defendant’s creditor, though paid after the suit was begun, and this, though there was evidence that plaintiff, prior to the bringing of the suit, had stated that he had not then paid the freight excess, as he was holding it as a'credit on the margins for the iron.</p>