Nill v. Vilsack

Citations

• 247 Pa. 487
• 93 A. 622
• 1915 Pa. LEXIS 870

Syllabus

<p>Contracts — Bales—Parties—Failure of consideration — Title — Whiskey certificates — Duplicate certificates — Insolvency—Receivership — Notice—Instructions to jury.</p> <p>1. Where in an action to recover back money paid for certain barreled whiskey for which the plaintiff received invalid certificates, the case is for the jury and a verdict for the plaintiff will be sustained where there is a substantial dispute whether the brokerage firm with whom plaintiff dealt were the agents of the defendant in making the sale, or whether they were principals.</p> <p>2. In such a case, it is not error to permit the plaintiff to offer in evidence the record of the receivership of an insolvent distilling company which had originally issued the certificates, where it appeared that a large number of duplicate certificates were outstanding, in the hands of persons more or less innocent and claiming in different rights; that the whiskey, which was the subject of the controversy, was claimed by another to whom it was awarded by the auditor; and that the defendant had notice of the proceedings and presented his claim before the auditor, although he did not present any matter with respect to the whiskey in controversy.</p> <p>3. In such a case it is proper for the court to instruct the jury that there was failure of title and that the plaintiff was entitled to recover the amount of his claim and interest, where it appeared that the other claimant of the same whiskey under duplicate certificates, had received the certificates held by her at a date prior to those held by the plaintiff, and had parted with her money on the faith of them prior to the time the defendant parted with his money for the certificates he received.</p>