Miller v. Douglas
Superior Court of Pennsylvania
Appeal, No. 68, Oct. T., 1906, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 1,040, making absolute rule for judgment for want of a sufficient affidavit of defense in case of E. J. Miller and E. W. Morris, trading as Miller, Morris & Company, v. Gawn Douglas and Fred Crsemer. Replevin for an engine. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 68, Oct. T., 1906, by defendant, from order of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 1,040, making absolute rule for judgment for want of a sufficient affidavit of defense in case of E. J. Miller and E. W. Morris, trading as Miller, Morris & Company, v. Gawn Douglas and Fred Crsemer. Replevin for an engine. The facts are stated in the opinion of the Superior Court. Error assigned was in making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Beaver, J.,
Plaintiffs brought their action of replevin against Douglas and one Craemer, to whom Douglas had sold a gas engine, alleged by the plaintiffs to have been delivered to Douglas under the terms of a written agreement which constituted a bailment. Craemer filed an affidavit of defense under the terms of the 5th section of the Act of April 19, 1901, P. L. 88, “ denying plaintiffs’ title and showing his own title to said ” engine.
The only question in the case arises out of the construction of the paper writing, under which it is admitted the engine was delivered to Douglas. In…
2Cases cited3 opinions
- Stiles v. SeatonSupreme Court of Pennsylvania · 1901
- Painter v. SnyderSuperior Court of Pennsylvania · 1903
- Kelly Springfield Road Roller Co. v. SpykerSupreme Court of Pennsylvania · 1906
3Cited by7 opinions
- National Cash Register Co. v. ShurberSuperior Court of Pennsylvania · 1909
- John F. Byers Machine Co. v. RisherSuperior Court of Pennsylvania · 1910
- Barnett v. FeinSuperior Court of Pennsylvania · 1909
- Commercial Inv. Trust Co. v. MinonCourt of Appeals for the Third Circuit · 1939
- Decoursey and High v. CosnerSuperior Court of Pennsylvania · 1931
2 more not listed; retrieve them via the Exa API.