Enterprise Oil v. National Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 205, October Term, 1895, by plaintiff, from judgment of C. P. Butler County, Dec. T., 1895, No. 71, on verdict for defendant. Assumpsit to recover royalties under an oil lease. Before Gbeeb, P. J. The caption of the case as it stood upon the record was as follows: C. J. D. Stroheeker, J. H. Latchaw, J. D. Stauffer, J. T. Johnson, W. A. Goehring, Householder and Jones, C. M. Root, S. M. Kidd, Geo.
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Appeal, No. 205, October Term, 1895, by plaintiff, from judgment of C. P. Butler County, Dec. T., 1895, No. 71, on verdict for defendant. Assumpsit to recover royalties under an oil lease. Before Gbeeb, P. J. The caption of the case as it stood upon the record was as follows: C. J. D. Stroheeker, J. H. Latchaw, J. D. Stauffer, J. T. Johnson, W. A. Goehring, Householder and Jones, C. M. Root, S. M. Kidd, Geo. Snyder, S. E. Neiee and R. M. Harper, partners doing business under the firm name of the Enterprise Oil & Gas Company, vs. National Transit Company. At the trial it appeared that in…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This case was unfortunately tried on a wrong theory throughout. The oil was received by the defendant for account of plaintiff, and so credited on the defendant’s books. Prima facie therefore it belonged to plaintiff, and though it would be a good defense to show that it was claimed by the real owner, yet such defense involved the burden of proof that the claimant had in fact the better title. This the defendant entirely failed to show. It defended on Johnson’s title, or rather permitted him to do so in its name.
Johnson’s interest, as agreed by all parties, was…
2Cases cited4 opinions
- Kline v. Jacobs & WifeSupreme Court of Pennsylvania · 1871
- Gillis v. M'KinneySupreme Court of Pennsylvania · 1843
- Borrell's Administrator v. BorrellSupreme Court of Pennsylvania · 1859
- Luck v. LuckSupreme Court of Pennsylvania · 1886
3Cited by10 opinions
- Hoog v. DiehlSuperior Court of Pennsylvania · 1938
- Dorrance v. RyonSuperior Court of Pennsylvania · 1908
- Laughner v. WallySupreme Court of Pennsylvania · 1920
- Broadhurst v. BroadhurstSupreme Court of Pennsylvania · 1915
- Butler v. ButlerSupreme Court of Pennsylvania · 1954
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