Miller v. Browarsky
Cases that cite this one
8 later published cases cite this decision.
- Patterson Co. v. Peoples Loan & Savings Co. (Ga. 1924)
- In re Miller Pure Rye Distilling Co. (District Court, E.D. Pennsylvania 1910)
- Sproul v. Stein (Pa. 1943)
- McKee, Tr. v. Ward (Pa. 1927)
- Truck Tractor & Forwarding Co. v. Baker (Pa. 1924)
- Moore v. Thomas Moore Distilling Co. (Pa. 1915)
- Munroe v. Philadelphia Warehouse Co. (U.S. Circuit Court for the District of Eastern Pennsylvania 1896)
- Stephens v. Gifford (Pa. 1890)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This case does not require extended discussion. The learned referee has given sufficient reasons for his findings. It is clear that but for plaintiff’s laches Jones would not have been able to sell the whiskey the second time; and the rule is well established that, where one of two innocent persons must suffer a loss, such loss must be borne by the person, whose neglect was the occasion of it. The plaintiff left the whiskey absolutely under the control of Jones, when, by reasonable caution, he could have placed it beyond his power to re-sell it. The defendant was a good-faith purchaser, without any knowledge of tire prior purchase and of the fraud of J ones. Having so purchased the whiskey, paid the tax, and taken it out of bond, we see no reason why he did not get a good title.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.