Legal Opinion

Commercial Motors Mortgage Corp. v. Waters

Supreme Court of Pennsylvania

Decided March 24, 1924No. Appeal, No. 4PublishedCited by 16 opinions

Appeal, No. 4, Jan. T., 1924, by plaintiff, from order of C. P. Lackawanna Co., Nov..T., 1920, No. 242, reversing report of referee, in case of Commercial Motors Mortgage Corporation v. C. C. Waters. Exceptions to report of referee. Before Maxey, J. Tbe opinion of tbe Supreme Court states tbe facts. Exceptions sustained, report reversed and judgment entered for $2,000 and interest from date of writ, and $500 for detention. Plaintiff appealed.

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Appeal, No. 4, Jan. T., 1924, by plaintiff, from order of C. P. Lackawanna Co., Nov..T., 1920, No. 242, reversing report of referee, in case of Commercial Motors Mortgage Corporation v. C. C. Waters. Exceptions to report of referee. Before Maxey, J. Tbe opinion of tbe Supreme Court states tbe facts. Exceptions sustained, report reversed and judgment entered for $2,000 and interest from date of writ, and $500 for detention. Plaintiff appealed. Error assigned was, inter alia, order, quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

The Truck, Tractor & Forwarding Company of Scranton, on April 17, 1920, delivered to Bert Walter a motor truck under a bailment lease, accompanied by a note for unpaid instalments. The Forwarding Company assigned the lease with all its interest in the truck, together with the note, to plaintiff, appellant here. Possession of the truck remained in the bailee; thereafter’ he made default in payments, and the Forwarding Company, which had warranted the bailee’s fulfillment of the contract, reclaimed possession of the truck, taking it to its place of business in…

2Cases cited8 opinions

  1. Leitch v. Sanford Motor Truck Co.Supreme Court of Pennsylvania · 1924
  2. O'Connor v. ClarkSupreme Court of Pennsylvania · 1895
  3. Little v. William F. Fearon & Co.Supreme Court of Pennsylvania · 1916
  4. Leonard v. SmithSupreme Court of Pennsylvania · 1894
  5. Ansley v. City of ScrantonSupreme Court of Pennsylvania · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
  2. Independent News Co., Inc., National Comics Publications, Inc., Superman, Inc. v. Harry WilliamsCourt of Appeals for the Third Circuit · 1961
  3. Zendman v. Harry Winston, Inc.New York Court of Appeals · 1953
  4. Speck Cadillac-Olds, Inc. v. GoodmanSupreme Court of Pennsylvania · 1953
  5. In Re Adoption of Elizabeth McCannSuperior Court of Pennsylvania · 1931

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