Stern v. Sica
Superior Court of Pennsylvania
Appeal, No. 404, Oct. T., 1915, by defendant, from order of C, P. No. 4, Philadelphia Co., June T., 1915, No. 4717, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Milton Stern and Louis L. Bellow, trading as Auto-Transit Company v. Ralph Sica and Thomas Rynone and Automobile Sales Corporation. Replevin for an automobile. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 404, Oct. T., 1915, by defendant, from order of C, P. No. 4, Philadelphia Co., June T., 1915, No. 4717, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Milton Stern and Louis L. Bellow, trading as Auto-Transit Company v. Ralph Sica and Thomas Rynone and Automobile Sales Corporation. Replevin for an automobile. Rule for judgment for want of a sufficient affidavit of defense. Carr, J., found the facts to be as follows : This is a suit in replevin, in which the writ was issued August 23, 1915, and an automobile was delivered to the…
1Opinion of the Court
Opinion by
Kephart, J.,
Plaintiff leased to Sica and Rynone an automobile for a definite term at a weekly rental. At the expiration of the lease it was to be surrendered “in as good condition as when they took the same (natural wear excepted).” The lessees having defaulted in the payment of rent, the plaintiff seeks to recover the machine through this action of replevin. It was found in the possession of the intervening defendant, who claimed a lien for repairs made at the instance of the lessees.
As a general rule it appears to be well settled that in the absence of statute, or express…
2Cases cited6 opinions
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Meyers v. BratespieceSupreme Court of Pennsylvania · 1896
- M'Intyre v. CarverSupreme Court of Pennsylvania · 1841
- Estey Co. v. DickSuperior Court of Pennsylvania · 1910
- Pacific Bridge Co. v. Riverside Rock Co.Oregon Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Leitch v. Sanford Motor Truck Co.Supreme Court of Pennsylvania · 1924
- Associates Financial Services Co. v. O'DellSupreme Court of Pennsylvania · 1980
- Bankers' Commercial Security Co. v. BrennanSuperior Court of Pennsylvania · 1920
- Associates Financial Services Co. v. O'DellSuperior Court of Pennsylvania · 1979
- Auto Security Co. v. MickensSuperior Court of Pennsylvania · 1923
8 more not listed; retrieve them via the Exa API.