The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-10-07
JUDGE PURNELL' OPINION
TEN DAYS GIVEN TO DELIVER
UP THE CARS.
THEY WERE SIMPLY LEASED TO HlM
The Conditions Of the Lease were Never Com
Piled With and the Title to Them
StiIl:Rests in the Trust
Company.


report of Special Master Ed. Chambers
Smith on the case of VIM. p. Henszey
ct al. VS.. the Langdon- Henszey Goa
Mining Company.
The most important part of the report
and really the only branch of the east
worth the paper on which the report was
written was the motion of the Moshan
non Coal Company for return of 10t
cars, valued at $4,000, and furnished
to the Langdon- Henszey Coal Mining
Company more than three years ago.
In Many, 1896, the Moshannon Coal
Company. PENNSYLVANIA corporation
executed conveyance in trust to the
Real Estate Trust Company of Phila-
delphia, in which the Langdon-Henszey
Coal Mining Company joined, conveying
to the Trust Company the 100 cars then
in the State of Pennsylvania, for the
purpose of making an instalment lease Oh
condition sale of the Langdon-H enszcy
Coal Mining Company, and the lease OF
sale was perfected in the same instru-
ment This lease or sale was executed
except as to one party who acknowledged
it in the State of North Carolina, and
was delivered in the State of Pennsyl-
vania. This lease or sale was executed
except as to one party who acknowledged
it. in the State of North Carolina, and
was delivered in the State of Pennsyl
yania.
The cars were afterwards removed tC
North Carolina. and it was stipulated
in the lease that said cars should be let
tered as therein mentioned In April
1896 the Langdon-H enszey Coal Min.
ing Company on a bill in equity filed
by w. T.. Henszey, ct al. and used as
an affidavit, was adjudged insolvent
and Samuel A. Henszey appointed re
ceiver thereof He immediately qualifi
ed as such receiver by giving bond in
compliance with the order.
Before the Langdon-Henszey Coal
Mining Company had paid anything on
account of the Moshannon agreement OF
lease, and before said Moshannon Coal
Company was made a party or served
with notice of the bill in equity. the re-
ceiyer ON his own petition. was author
lied to issue $4,000 of receivers certi,
ficates to bind the property of the
Langdon- Henszey Coal Mining Company
and to be first lien thereon No men
tion of the Moshannon cars is made
in the order or the petition for the same
ana it does not appear that it was cl i'm
ed at that time by any one that said
cars were the property of the Langdon-
Hensey Coal Mining Company. The
Moshannon Coal Mining Company was
made party afterwards.
In October, 1885, the receiver filed 4
eli IN (san hn NJ
with Moshannon Coal Company and the
cars included therein be returned to the
owner. Again in February. 1893, he
filed report. asking that the said cars
be returned without condition.
On March IT, 1897, the receiver filed
a report. saying that there came into
his hands April IL, 1896, soon after his
appointment, sixty cars, fifty-five of
which were lettered "A. & NJ. G. r.. R."
and five lettered Il. Fl. G. NJ. c." About
one-half of these cars are reported in use
and that transportation companies were
to return them empty in as good condi-
ton as when received.
1t does not appear either in the report
or in Inc testimony. that the Langdon-
Henszey Coal Mining Company has ri
any time, nor any one in behalf Of said
agreement with the Moshannon Goa
Company or paid anything on account OF
purchase money nor the rental in full.
In the many reports, and all the re
cord until notice of the present hearing
was given, these cars are recognized as
the property OF the Moshannon Goa
Company, and no claim was ever before
made to the contrary.
On thnca fa nfc Trd0a DurpalI xyocfardor ~
rendered decision in which he says:
1T is therefore considered and ad.
judged. that the instrument known
throughout these proceedings as the
Moshannon Car Trust. was PennsyI-
vania contract and valid under the laws
of that State. the parties thereto and
the property therein mentioned being. al
the time the same was made, executed
and delivered. in that State. it is unne-
cessary to discuss or decide with any
nice distinction whether this instrument
be conditional sale. or an installment
lease coupled with an agreement to sell
or some other kind of legal in
strument about which an acute mind
might draw distinction or imagine n
difference. 1t is a Pennsylvania con-
tract, and not affected by the North
~ainiAh1 stalutcs requiring ConultoHdl
sales of personal property executed in
North Carolina to be registered. This
statute does not and cannot affect such
contract made without the State. The
title has never passed out of the Real
Estate Trust Company to which it was
conveyed for the purposes of the lease
and the Langdon-H enzsey Coal Mining
Company has never. as far ms it appears
in the record, acquired any title to the
cars leased under the Moshannon CaI
Trust.
'"The Moshannon Coal Company. am
the Real Estate Trust Company of Phila
deuphia, having had no notice Of the pc
tition, order appointing a receiver. and
the order authorizing the issue Of receiv.
er's certificates, and not being a party