Potter v. N. Stetson & Co.
Superior Court of Pennsylvania
Appeal, No. 84, Oct. T., 1899, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1897, No. 572, on verdict for defendant. Opinion by Beaver, J. Trespass and statement in trover to recover the value of a piano taken by defendant from plaintiff. Damages were laid at$700. Defendant pleaded “not guilty.”
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Appeal, No. 84, Oct. T., 1899, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1897, No. 572, on verdict for defendant. Opinion by Beaver, J. Trespass and statement in trover to recover the value of a piano taken by defendant from plaintiff. Damages were laid at$700. Defendant pleaded “not guilty.” Before Willson, J. It appears from the evidence that defendant company were dealers in pianos and made the following contract with plaintiff: “N. Stetson & Co. Lease No. 79. “Notice. — No salesman, dealer or agent is permitted to make any verbal contract or promise that will in…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff brought an action of trespass against the defendants and declared in trover for the conversion of a piano held by the plaintiff, under the provisions of a written contract which appears in full elsewhere in the report of this case. There is no allegation of wrongful taking. It is expressly conceded by the plaintiff that the defendants had the right to take possession of the piano under the terms of the written agreement, the allegation being that the plaintiff, having tendered the balance of instalments due under the agreement, with interest, was entitled to…
2Cases cited2 opinions
- Ott v. SweatmanSupreme Court of Pennsylvania · 1895
- Cobb & Chase v. A. Deiches & Co.Superior Court of Pennsylvania · 1898
3Cited by3 opinions
- Painter v. SnyderSuperior Court of Pennsylvania · 1903
- Tompkins v. Harrisburg Auction HouseCourt of Appeals for the Third Circuit · 1933
- Pratt v. Magee, Pennsylvania Court of Common Pleas, Fayette County1921