Legal Opinion

Mann v. Salsberg

Superior Court of Pennsylvania

Decided May 23, 1901No. Appeal, No. 2PublishedCited by 14 opinions

Appeal, No. 2, Jan. T., 1901, by plaintiffs, from judgment of C. P. Luzerne Co., Dec. T., 1898, No. 254, on verdict for defendants in case of Henry Mann & Son v. David Salsberg et al. Sheriff’s interpleader to determine the ownership to certain goods. The court charged as follows: This is a question of law to be decided by the court rather than by the jury. The court will briefly state the reasons.

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Appeal, No. 2, Jan. T., 1901, by plaintiffs, from judgment of C. P. Luzerne Co., Dec. T., 1898, No. 254, on verdict for defendants in case of Henry Mann & Son v. David Salsberg et al. Sheriff’s interpleader to determine the ownership to certain goods. The court charged as follows: This is a question of law to be decided by the court rather than by the jury. The court will briefly state the reasons. I. Rosenthal & Son were merchants in this city in 1898. ■ As far as the ease shows, their line of business was furnishing goods such as coats, vests, — things of that character. The evidence here…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The sheriff of Luzerne county having levied upon certain goods in the store of Rosenthal & Son, in the city of Wilkes-Barre, under executions against that firm issued at the suit of the present defendants, the plaintiffs claimed the goods and this issue was framed to determine the validity of that claim. The evidence failed to make it clear that the sale by the plaintiffs to Rosenthal & Son was a Maryland contract. The goods were manufactured in the state of Maryland, but we have no definite information as to where they were at the time of the sale. The evidence…

2Cases cited8 opinions

  1. Pennsylvania Knitting Mills of Reading v. Bibb Manufacturing Co.Superior Court of Pennsylvania · 1900
  2. Perlman & Co. v. Sartorius & Co.Supreme Court of Pennsylvania · 1894
  3. Levy v. CookeSupreme Court of Pennsylvania · 1891
  4. Wessels v. Weiss Bros.Supreme Court of Pennsylvania · 1893
  5. Kitchen v. McCloskeySupreme Court of Pennsylvania · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In re KravitzCourt of Appeals for the Third Circuit · 1960
  2. Fidelity Trust Company v. American Surety Company of New York and Hartford Accident and Indemnity CompanyCourt of Appeals for the Third Circuit · 1959
  3. Babis v. New York Extract Co.Superior Court of Pennsylvania · 1935
  4. Sookiasian v. Swift Co. Inc.Superior Court of Pennsylvania · 1930
  5. Hirshhorn v. Mine Safety Appliances Co.District Court, W.D. Pennsylvania · 1952

9 more not listed; retrieve them via the Exa API.

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