Price v. Schwartz

Decided January 15, 1899

Ohio Circuit Courts · decided 1899-01-15

A stolen one hundred dollar bill was used by the thief in payment to the Pennslyvania Railway Company of a freight bill of four dollars, the remaining ninety-six dollars being handed back to the thief in change. The stolen bill was traced to the railway company and identified by its number; thereafter it was placed by the company temporarily in the hands of the police for the purpose of prosecuting the thief,and by the police was passed on to the Prosecuting Attorney.

Decided 1899-01-15

¶1Held--The law seems to be settled that one who takes in good faith and for valuable consideration in the usual course of business a bank bill, takes also a good title to the same although the same has been stolen, and although the same in fact is received from the thief himself.

¶2Nor in our opinion does seotion 1914, Revised 'Statutes, affect the title of such purchaser or operate to deprive him of his property.

¶3It follows that the Railroad Company having taken the bill in question in the manner above stated, had a good title to the same which it lawfully conveyed to the city of Cincinnati, who was at the time of commencement of this suit the owner of and entitled to the possession of the same.

¶4The judgment of the court of oommon pleas was, therefore, correct, and the same is hereby affirmed.