Peek v. Heim

Citations

• 127 Pa. 500
• 17 A. 984
• 1889 Pa. LEXIS 1144

Syllabus

<p>(a) By the “terms of consignment” attached to an invoice and accepted by the consignee, it was stated that the goods consigned were the properly of the consignors, were so to remain until fully paid for, and that the consignors shipped and delivered them upon the express condition that the consignee should remit a sum certain therefor, within a time certain, or return the goods.</p> <p>1. The transaction, evidenced by such tei-ms, was not a bailment but a sale to the consignee, with an agreement that the title was to remain in the consignors until the price was paid: the arrangement was valid between the parties to it, but the secret lien attempted to be created could not affect the consignee’s creditors.</p> <p>2. Whatever the form of the agreement, if the pur-pose of it is to coverup a sale and preserve a lien in the vendors for the price of the goods, it is void as respects creditors of the vendee, whether the credit is given before or after the delivery of the goods; a consignment for such an object is no better than any other device.</p>