Russell v. McKenzie

Bartol, J., delivered the opinion of this court. This is an action of replevin, brought by the appellee, to recover from the appellant one hundred tons of pig-iron; the defendant pleaded, 1st, non cepit, and 2ndly, property in Charles Mantz and Michael Byrne. The plaintiff joined issue on the first plea, and to the second replied property in himself, on which issue was joined. In the course of the trial a single exception was taken by the defendant, which is brought up for review on this appeal.

The plaintiff offered evidence tending to show his title to, and property in, the iron, under a contract between him and William Brown, the manufacturer, dated the 22nd of March 1856. The defendant gave evideuce to prove, that on the 19th of September 1856, William Brown, the manufacturer, sold a part of said iron to Charles Mant.z and Michael Byrne, ⁵⁶⁵ and on the 26th of September, sold to said Mantz and Byrne the residue of said iron; and that said Brown, after said sales to Mantz and Byrne, caused the said iron to be unloaded from the canal boat, and delivered to the defendant, Russell, to be by him forwarded to said Mantz and Byrne, or their order. And in the two receipts given by Brown to Mantz and Byrne, for the purchase money of said iron, which were also in evidence, the said Russell is designated as the agent of Mantz and Byrne, and the