Heller v. Hufsmith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Monroe county : Of January Term 1883, No. 114. Trover, by O. M. Heller et ah, members of an association called “TheHamilton Cornet Band,” against Samuel Hufsmith, to recover damages for the alleged conversion of certain property of the association. The action was originally brought before a justice of the peace, who gave judgment for the plaintiffs, whence it was removed into the Court of Common Pleas by-appeal.
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Error to the Court of Common Pleas of Monroe county : Of January Term 1883, No. 114. Trover, by O. M. Heller et ah, members of an association called “TheHamilton Cornet Band,” against Samuel Hufsmith, to recover damages for the alleged conversion of certain property of the association. The action was originally brought before a justice of the peace, who gave judgment for the plaintiffs, whence it was removed into the Court of Common Pleas by-appeal. On the trial, before Dreher, P. J., the following facts appeared : In 1874 the plaintiffs and defendants associated themselves into an…
1Opinion of the Court
The opinion of the court was filed March 19th 1883.
2Per curiam
One tenant in common of a chattel cannot maintain trover against his co-tenant for the mere detention of the article. The reason for this rule is that the possession of one is in law the possession of both.
The defendant was in the lawful possession of this property. It was committed to him under and in pursuance of the articles of association. Those articles authorized him to sell his interest in the property, provided the sale was made to some suitable person. They further declared that when by his removal it became necessary for him to…
3Cited by2 opinions
- Stitt v. FeltonSuperior Court of Pennsylvania · 1939
- Johnson's Administrator v. WhitesideSuperior Court of Pennsylvania · 1922