Legal Opinion

General Motors Truck Co. v. Philadelphia Paving Co.

Supreme Court of Pennsylvania

Decided March 15, 1915No. Appeal, No. 342PublishedCited by 14 opinions

Appeal, No. 342, Jan. T., 1914, by defendant, from judgment of C. P. No. 5, Philadelphia Co., June T., 1914, No. 4861, for plaintiff, for want of a sufficient affidavit of defense, in case of General Motors Truck Company, a corporation, v. Philadelphia Paving Company, a corporation. Replevin for motor trucks. Rule for judgment for want of a sufficient affidavit of defense. Before Ralston, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 342, Jan. T., 1914, by defendant, from judgment of C. P. No. 5, Philadelphia Co., June T., 1914, No. 4861, for plaintiff, for want of a sufficient affidavit of defense, in case of General Motors Truck Company, a corporation, v. Philadelphia Paving Company, a corporation. Replevin for motor trucks. Rule for judgment for want of a sufficient affidavit of defense. Before Ralston, J. The opinion of the Supreme Court states the facts. The court made absolute the rule for judgment for want of a sufficient affidavit of defense. Defendant appealed. Error assigned was the order of the…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This is an appeal from a judgment entered for want of a sufficient affidavit of defense. The action was replevin, brought to recover possession of two gasoline motor trucks. Defendant filed a counter-bond and retained possession of the trucks. In plaintiff’s statement it was averred that on October 9, 1913, the motor trucks were delivered to defendant in pursuance of a written agreement, entitled a lease. By the terms of the agreement, defendant was to pay plaintiff as rental for the motor trucks, on signing the lease, $862.50; on delivery of the goods, $1,295.75;…

2Cases cited6 opinions

  1. Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
  2. Krueger v. NicolaSupreme Court of Pennsylvania · 1903
  3. Crelier v. MackeySupreme Court of Pennsylvania · 1914
  4. Lowry v. RoySupreme Court of Pennsylvania · 1913
  5. Hunter & Springer v. McHoseSupreme Court of Pennsylvania · 1882

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

3Cited by14 opinions

  1. Williams v. NotopolosSupreme Court of Pennsylvania · 1918
  2. Ruth-Hastings Glass Tube Co. v. SlatterySupreme Court of Pennsylvania · 1920
  3. Neville v. KretzsckmarSupreme Court of Pennsylvania · 1921
  4. Lee-Strauss Co. v. KellySupreme Court of Pennsylvania · 1928
  5. Bentz v. BarclaySupreme Court of Pennsylvania · 1928

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

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