Rosenham v. Batjer

Citations

• 154 Pa. 544
• 25 A. 754
• 1893 Pa. LEXIS 933

Syllabus

<p>Sale — Delivery of possession — Warehouseman’s certificate — Estoppel.</p> <p>A distiller issued to defendants certificates that he had on storage for their account fifteen barrels of whisky which would be delivered on presentation of certificates. Subsequently defendants sold the whisky and indorsed the certificates to the order of the purchaser. The purchaser then sold the whisky to plaintiffs, indorsing the certificates with his name. The whisky was never delivered and remained in the warehouse where it had been stored by the distiller. After the last sale defendants attached the whisky as the property of their own vendee. Held, that defendants by indorsing the certificates had estopped themselves from objecting to the title which plaintiffs, had acquired from defendants’ own indorsee.</p> <p>Warehouseman’s receipt — Act of Sept. 24, 1866.</p> <p>Query whether a distiller’s certificate that he holds whisky on stoi'age for the account of another is within the warehouseman’s act of Sept. 24, 1866, P. L. 1867, 1868.</p>