Sloan v. Johnson

Citations

• 20 Pa. Super. 643
• 1902 Pa. Super. LEXIS 294

Syllabus

<p>Sale — Delivery—Warehouse receipts — Indorsement—Act of September 24, 1866, P. I. (1867) 1363.</p> <p>Where the intention of the parties is clear, delivery of a warehouse receipt without formal indorsement transfers the title of the goods represented by the receipt.</p> <p>Principal and agent — Ratification of agent's act — Estoppel—Warehouse receipts.</p> <p>Where a principal sends to his agent warehouse receipts with instructions to sell them for cash, and the agent takes notes instead of cash and sends the notes to his principal who holds them until maturity, the principal is estopped from repudiating the act of the agent in taking notes instead of cash for the receipts.</p> <p>Warehouse receipts — Fraud—Evidence.</p> <p>In an action upon warehouse receipts, where it appears that the plaintiff paid the full value of the receipts to the persons to whom the defendant’s broker had sold them, allegations that the receipts were obtained from the defendant by false representations of the broker, are not sufficiently sustained to submit to the jury, where the only statement shown to be false related to the rating of the original purchasers, that this rating had been investigated by the defendant at a time when he could have still repudiated the sale, and that there was nothing to connect plaintiff with the representations made by the broker.</p> <p>In an action on warehouse receipts to recover the value of whiskey represented by the receipts, where the plaintiff’s witnesses give no definite amount for the value of the particular brand represented by the receipts, and the defendant gives a specific amount, and the verdict shows that the jury adopted his appraisement, the judgment on the verdict will not be set aside on appeal, on the ground that it was a compromise verdict reached by the jury from taking into consideration certain evidence as to fraud erroneously admitted at the trial.</p>