Powell v. Clawson
Superior Court of Pennsylvania
Appeal, No. 47, Oct. T., 1906, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1906, No. 777, on verdict for plaintiff in an interpleader in case of Elmer E. Powell v. William S. Clawson. Feigned issue on a sheriff’s interpleader. At the trial the jury under binding instructions returned a verdict in favor of the plaintiff.
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Appeal, No. 47, Oct. T., 1906, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1906, No. 777, on verdict for plaintiff in an interpleader in case of Elmer E. Powell v. William S. Clawson. Feigned issue on a sheriff’s interpleader. At the trial the jury under binding instructions returned a verdict in favor of the plaintiff. On motion for a new trial Audrenied, J., filed the following opinion: This is an issue under the sheriff’s interpleader act to determine the title to certain horses, harness, carriages and stable furniture and fixtures taken in execution as the property of…
1Opinion of the Court
Opinion by
Head J.,
Powell was the owner of a number of horses, coaches, sleighs and other chattels with which he operated a boarding and livery stable in Philadelphia. The business was conducted under the name of H. L. Collins, manager. In December, 1905, he made an agreement with one Price to sell to him all of said property. The agreement was reduced to writing and executed by the parties. As the integrity of the writing is in no way assailed, the terms and conditions of sale are fixed, and it becomes a question of legal construction to determine what rights were conferred, what obligations…
2Cases cited3 opinions
- Frech v. LewisSupreme Court of Pennsylvania · 1907
- Hineman v. MatthewsSupreme Court of Pennsylvania · 1890
- Durr v. ReplogleSupreme Court of Pennsylvania · 1895
3Cited by1 opinion
- Hauck v. FreyDistrict Court, E.D. Pennsylvania · 1916