56 Pa. Super. 254 | Pa. Super. Ct. | 1914
Opinion by
No opinion was filed by the learned trial judge when discharging the rule to take off the nonsuit. From the arguments filed we may infer that it was because the property for which the replevin was issued belonged to M. A. Rarick before the execution of the lease on November 10, 1911, and that as possession was not taken by the plaintiff at any time after that date the defendant without notice of the plaintiff’s interest in the mules, was an innocent purchaser, and acquired a good title as against the plaintiff. Another position contended for by the defendant is that the paper of November 10, and the testimony in the case, establish a conditional sale. The contention that the defendant is an innocent purchaser assumes that Rarick had title to the property when he obtained it from the plaintiff, but it is shown by the evidence and not disputed that the price to be paid was $430, of which amount $200 was to be a cash payment and the balance to be secured by a note payable in thirty or sixty days. Two checks were given by Rarick to the plaintiff when the contract was made — ■ one of them for $150 and the other for $50.00. Neither of these checks was paid for the reason that Rarick had no funds in the bank. In giving the checks there was an implied representation that they were drawn against funds. They were not money but they took the place of money and were understood by the parties to be a down-payment made at the delivery of possession. A check purports to be drawn against a deposit: Morrison v. Bailey, 5 Ohio State, 13; Hoyt v. Seeley, 18 Conn. 353; Kavanaugh v. Bank, 59 Mo. App. 540; Merchants Bank v. State Bank, 77 U. S. 604; Espey v. Bank, 85 U. S. 604; Champion v. Gordon, 70 Pa. 474. Under the statutes of 30 George 2d, c. 24, it was held that
We are not able to agree with the appellee that the contract of November 10 is a conditional sale. It has all the essential features of the lease of a chattel and the case is not distinguishable in principle from Edwards’ Appeal, 105 Pa. 103; Bretz v. Diehl, 117 Pa.
The judgment is reversed with a v. f. d. n.