Lake Shore & Michigan Southern Railway Co. v. Ellsey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: Of October and November Term 1876, No. 128. Replevin by the Lake Shore and Michigan Southern Railway Company, against George W. Elisey, for certain stoves delivered by plaintiff to defendant. In 1872, the Treadwell Stove Company of Albany, New York, shipped seven stoves over the road of plaintiff, marked by tags or cards on the stoves, “ G. W. Elisey, Auctioneer, Erie, Pa.”
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Error to the Court of Common Pleas of Erie county: Of October and November Term 1876, No. 128. Replevin by the Lake Shore and Michigan Southern Railway Company, against George W. Elisey, for certain stoves delivered by plaintiff to defendant. In 1872, the Treadwell Stove Company of Albany, New York, shipped seven stoves over the road of plaintiff, marked by tags or cards on the stoves, “ G. W. Elisey, Auctioneer, Erie, Pa.” The shipping bill read that they were shipped, “ subject to the order of C. R. Redfield, Erie, Pa.” The stoves remained in the warehouse of plaintiff until the 6th of…
1Opinion of the CourtJustice Sterrett
Replevin cannot be maintained without showing either a general or special property in the plaintiff, together with the right of immediate possession. Neither of these was proved in this case, and consequently the plaintiff was not entitled to recover.
On the 13th December 1872, the Treadwell Stove Company shipped, by the plaintiff’s road, from Albany, New York, to Erie, Pennsylvania, a lot of stoves, marked on the cards or tags attached thereto, u Gr. W. Elisey, Erie, Pennsylvania.” The bill of lading which accompanied them, in possession of the company plaintiff, contained the same address,…
2Cited by6 opinions
- Leitch v. Sanford Motor Truck Co.Supreme Court of Pennsylvania · 1924
- McFarland-Meade Co. v. DoakSuperior Court of Pennsylvania · 1916
- Gustin v. Record Pub. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
- Basore Construction Corp. v. Brinker Supply Co., Pennsylvania Court of Common Pleas, Somerset County1955
- Conrad v. Hoch, Pennsylvania Court of Common Pleas, Luzerne County1929
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