Stern v. Bowers
Superior Court of Pennsylvania
Appeal, No. 113, Oct. T., 1918, by defendant, from judgment of Municipal Court, Philadelphia Co., April T., 1917, No. 631, on verdict for plain- ' tiff in case of Milton Stern & Louis I. Bellow, trading as Auto Transit Company, v. Lee S. Bowers & Charles S. Bowers, copartners, trading as L. S. Bowers Company. Assumpsit for the value of an automobile. Before Knowles, J. . Yerdict and judgment for plaintiff for $350, on trial by the court without a jury. Defendant appealed.
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Appeal, No. 113, Oct. T., 1918, by defendant, from judgment of Municipal Court, Philadelphia Co., April T., 1917, No. 631, on verdict for plain- ' tiff in case of Milton Stern & Louis I. Bellow, trading as Auto Transit Company, v. Lee S. Bowers & Charles S. Bowers, copartners, trading as L. S. Bowers Company. Assumpsit for the value of an automobile. Before Knowles, J. . Yerdict and judgment for plaintiff for $350, on trial by the court without a jury. Defendant appealed. Error assigned was in entering judgment on the verdict.
1Opinion of the Court
Opinion by
Kephart, J.,
This is an action brought by the appellee to recover from the appellants the value of an automobile purchased on a lease by David Henwood and delivered to the appellants, who sold it and applied the money to the purchase-price of a Cole car that had been sold by the appellants to Henwood. This action is grounded on the legal fiction of the finding of personal property lost by the owner and subsequent conversion of the same by the finder to his own use, or the use of another. In form it is a fiction, in substance it is a remedy to recover the value of personal chatties…
2Cases cited1 opinion
- Blakey v. DouglassSupreme Court of Pennsylvania · 1886
3Cited by2 opinions
- Phoenix Mut. Life Ins. Co. of Hartford v. ReichDistrict Court, W.D. Pennsylvania · 1948
- Schwartz v. Stewart, Pennsylvania Court of Common Pleas, Lawrence County1945