Rucker v. Spicer

Citations

• 269 Pa. 451
• 112 A. 540
• 1921 Pa. LEXIS 585

Syllabus

<p>Contract — Sale—Delivery of possession — Sheriff’s interpleader —Fraud—Evidence—Case for the fury.</p> <p>1. To render a transfer of personal property valid as against creditors, it must be accompanied by such change of possession as is consistent with the nature of the property, and the situation of the parties.</p> <p>2. On a sheriff’s interpleader, where defendant claims under an execution against a corporation, and plaintiff claims that the goods levied, upon were sold to him by the corporation by a bill of sale, a verdict for plaintiff should be sustained, where the evidence tends to show plaintiff had bought the goods in good faith, and had them removed to a building leased by the president of the corporation individually but which contained no articles of the corporation, that no one had access to this building except plaintiff and his agent, that his name was written on many of the goods, and that some of the goods were sold by the president of the corporation, the proceeds being accounted for to plaintiff, less a personal commission to the president himself.</p>