Miller v. Browarsky

Citations

• 130 Pa. 372
• 18 A. 643
• 1889 Pa. LEXIS 1197

Syllabus

<p>(а) The plaintiff, in trover, purchased whiskey in barrels from a distiller, taking a bill of sale therefor, but leaving the whiskey to remain in the distiller’s bonded warehouse, the tax thereon being unpaid.</p> <p>(б) Subsequently, the distiller sold the same whiskey, giving warehouse receipts according to the custom of the trade, to the defendant, who was without knowledge of the sale to the plaintiff, and who paid the tax and withdrew the whiskey.</p> <p>1. In such case, the plaintiff having by his laches put it in the power of the distiller to sell the whiskey a second time to the defendant, a purchaser in good faith, the latter had acquired a good title thereto.</p>