Michael v. Stuber
Superior Court of Pennsylvania
Appeal, No. 148, Oct. T., 1919, by defendant, from judgment of C. P. Northampton County, September T., 1917, No. 59, on verdict for plaintiff in the case of Frank H. Michael v. Jennie M. Stuber. Replevin to recover possession of an automobile. Before Stewart, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $760 and judgment thereon. Defendant appealed.
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Appeal, No. 148, Oct. T., 1919, by defendant, from judgment of C. P. Northampton County, September T., 1917, No. 59, on verdict for plaintiff in the case of Frank H. Michael v. Jennie M. Stuber. Replevin to recover possession of an automobile. Before Stewart, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $760 and judgment thereon. Defendant appealed. At the trial the defendant made the following offer: “I now propose to interrogate the witness and have her detail; that after she purchased the car on May 8, 1917, and before August 6, 1917, at…
1Opinion of the Court
Opinion by
Henderson, J.,
The argument of the learned counsel for the appellant gives the impression that there was a misapprehension in regard to the issue involved in this litigation. The question was one of the right of possession of an automobile which the plaintiff alleged he owned and leased to the defendant. Through the writ of replevin he sought to recover the car because the stipulated consideration was not paid in accordance with the terms of the agreement. There was a prima facie showing of the title and right of possession in him. The defense was that the transaction between the…
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