McClung v. Dearborne
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE PROM THE COURT OE COMMON PLEAS - NO. 4 OE PHILADELPHIA COUNTY. No. 171 January Term 1890, Sup. Ct.; court below, No. 755 December Term 1886, G. P. No. 4. On December 31, 1886, William McClung brought trespass against George E. Dearborne, and subsequently filed a statement of claim averring that tbe defendant by bis agents, one A. B. Fox, alias Bastían, and two colored men whose names were unknown to the plaintiff, said agents acting in the premises by…
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APPEAL BY PLAINTIEE PROM THE COURT OE COMMON PLEAS - NO. 4 OE PHILADELPHIA COUNTY. No. 171 January Term 1890, Sup. Ct.; court below, No. 755 December Term 1886, G. P. No. 4. On December 31, 1886, William McClung brought trespass against George E. Dearborne, and subsequently filed a statement of claim averring that tbe defendant by bis agents, one A. B. Fox, alias Bastían, and two colored men whose names were unknown to the plaintiff, said agents acting in the premises by order and instruction of the defendant, took and entered the plaintiff’s dwelling on or about October 11, 1886, forcibly…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
Dearborne is a dealer in cabinet organs and other musical instruments. It is his habit, and it seems to prevail quite generally among dealers in similar articles, to sell on the instalment plan to those who desire it, taking an instrument in the nature of a lease from the purchaser. The several instalments of purchase money are to be paid as rent. If they are paid, the article becomes the property of the so-called lessee. If *405not paid, the vender reserves the right to seize and retain the article.
Fox was an employee of Dearborne, whose business was to hunt up…
2Cases cited5 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Lake Shore & Michigan Southern Railway Co. v. RosenzweigSupreme Court of Pennsylvania · 1886
- Brackett v. . BarneyNew York Court of Appeals · 1863
- Hays v. MillarSupreme Court of Pennsylvania · 1870
- Pittsburg, Allegheny & Manchester Passenger Railway Co. v. DonahueSupreme Court of Pennsylvania · 1873
3Cited by33 opinions
- Moon v. MatthewsSupreme Court of Pennsylvania · 1910
- Evans v. CaldwellCourt of Appeals of Georgia · 1936
- Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
- Pilipovich v. Pittsburgh Coal Co.Supreme Court of Pennsylvania · 1934
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
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