Legal Opinion

Simkin v. Reinhardt

Superior Court of Pennsylvania

Decided July 1, 1921No. Appeal, No. 312Published

Appeal, No. 312, Oct. T., 1920, by plaintiff, from judgment of C. P. No. 1, Phila. ,Co., March T., 1920, No. 2047, discharging rule for judgment for want of a sufficient affidavit of defense in the case of Jacob Simkin, trading as Owner’s Auto Finance Company, v. George R. Reinhardt, Ethel H. Reinhardt and M. F. LaRoche. Replevin for automobile leased on a bailment lease. Rule for judgment for a sufficient affidavit of defense.

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Appeal, No. 312, Oct. T., 1920, by plaintiff, from judgment of C. P. No. 1, Phila. ,Co., March T., 1920, No. 2047, discharging rule for judgment for want of a sufficient affidavit of defense in the case of Jacob Simkin, trading as Owner’s Auto Finance Company, v. George R. Reinhardt, Ethel H. Reinhardt and M. F. LaRoche. Replevin for automobile leased on a bailment lease. Rule for judgment for a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Plaintiff appealed. Error assigned was the order of the court.

1Per curiam

The value of the Oldsmobile auto involved in this appeal was fixed by the contract at $900 and by its terms $550 was paid in cash on delivery, “and the balance of $350 to be paid at the rate of $42.50 per month.” Pursuant thereto payments were made aggregating $320 leaving a balance of $30 plus the $1 stipulated for on final payment.

The plaintiff claims in damages $500 based on an alleged default in payment of interest on the entire price ($54) and the final payment of $30 with its interest, and in this action of replevin seeks to recover the auto, and retain the $820 paid thereon.

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2Cases cited3 opinions

  1. Use v. Union Transfer Co.Supreme Court of Pennsylvania · 1921
  2. Farmers' & Breeders' Mutual Reserve Fund Live Stock Ins. v. BeckSuperior Court of Pennsylvania · 1917
  3. Horvitch v. EatonSuperior Court of Pennsylvania · 1912

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