Stoy v. Dobson

Citations

• 15 Pa. Super. 326
• 1900 Pa. Super. LEXIS 348

Syllabus

<p>Sale — Transfer of possession — Constructive delivery — Statute of frauds.</p> <p>A sale of property is not good against the creditors of the vendor unless possession is delivered by the vendor in accordance with the sale. When the subject of the sale is capable of an actual delivery, such delivery must accompany and follow the sale; but when the property is not capable of an actual delivery, a constructive delivery will be sufficient, and in such cases it is only necessary that the vendee assume the control of the property so as reasonably to indicate to all concerned the fact of the change of ownership.</p> <p>When the vendor and vendee are members of the same family, and the property consists of chattels used in, or in connection with, their common home, the vendee is not bound to turn the vendor out of doors in order to separate him from the property; a constructive delivery is sufficient.</p> <p>In the case at bar where a husband being indebted to his brother-in-law in good faith executed a bill of sale to the brother on account of the indebtedness, and the brother in good faith transfers the goods to his sister, the wife of the defendant, the question is for the jury on the credibility of the testimony of the witnesses and the bona fides of the transaction.</p>