C. H. Hardy Auto Co. v. Posey
Superior Court of Pennsylvania
Appeal, No. 4, April T., 1912, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1908, No. 471, on verdict for plaintiff in case of C. EL Hardy Auto Company, for use of Harry Thomas v. C. W. Posey. Replevin to recover an automobile.
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Appeal, No. 4, April T., 1912, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1908, No. 471, on verdict for plaintiff in case of C. EL Hardy Auto Company, for use of Harry Thomas v. C. W. Posey. Replevin to recover an automobile. Before Davis, J. The court charged as follows: This action is brought by the C. H. Hardy Auto Company, for the use of Harry Thomas^ against the defendant, C. W. Posey, to recover one “Wayne” automobile, Model II design, of the value of $300. This is an action of replevin, and is brought to obtain possession of the property in question. The…
1Opinion of the Court
Opinion by
Oblad y, J.,
On July 3, 1907, by an agreement in the nature of a bailment, the C. H. Hardy Auto Company leased and hired to C. W. Posey for the term of two months from that date a Wayne auto, reserving for its hire and use for the term, the sum of 1550, payable in cash $250 and the balance on September 3, following. Indorsed on the agreement is an assignment by C. H. Hardy, “of all his right, title and interest to Harry Thomas ” who is the use plaintiff in this action. The statement of claim avers that the Auto company, the original lessor, for value assigned all its interest in and…
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