Legal Opinion

Simon & Sons v. Emery

Supreme Court of Pennsylvania

Decided July 1, 1916No. Appeal, No. 80PublishedCited by 6 opinions

Appeal, No. 80, Jan. T., 1916, by plaintiffs, from judgment of C. P. No. 5, Philadelphia Co., March T., 1915, No. 321, on conditional verdict for plaintiffs in case of Abraham Simon and Nathan Simon, Copartners, trading as A. Simon & Sons, v. John W. Emery and Guarantee Trust and Safe Deposit Company, a corporation. Replevin to recover fourteen diamond rings and' two pairs of diamond earrings. Before Martin, P. J. The opinion of the Supreme Court states the facts.

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Appeal, No. 80, Jan. T., 1916, by plaintiffs, from judgment of C. P. No. 5, Philadelphia Co., March T., 1915, No. 321, on conditional verdict for plaintiffs in case of Abraham Simon and Nathan Simon, Copartners, trading as A. Simon & Sons, v. John W. Emery and Guarantee Trust and Safe Deposit Company, a corporation. Replevin to recover fourteen diamond rings and' two pairs of diamond earrings. Before Martin, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiffs conditioned upon their paying to the Guarantee Trust and Safe Deposit Company f 1,-911.25 and judgment…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is an action of replevin to recover fourteen diamond rings and two pairs of diamond earrings. In 1914 defendant, John W. Emery, was á contractor doing a large business and reputed to be a man of wealth, but being in need of funds to use in his business was advised by the cashier of a bank, not the Guarantee Trust and Safe Deposit Company, to buy diamonds on long credit and pledge them for a loan. For that purpose he obtained an introduction and recommendation to plaintiffs, who were engaged in the jewelry business; and on *572June 2, 1914, obtained from them on…

2Cases cited2 opinions

  1. Commonwealth v. ContnerSupreme Court of Pennsylvania · 1853
  2. Galbraith v. Bridges & WilliamsSupreme Court of Pennsylvania · 1895

3Cited by6 opinions

  1. Roberts v. CauffielSupreme Court of Pennsylvania · 1925
  2. Gill's EstateSupreme Court of Pennsylvania · 1920
  3. Nether Providence Township Sewer District Assessment CaseSuperior Court of Pennsylvania · 1941
  4. Reel v. OravetzSupreme Court of Pennsylvania · 1924
  5. Russell v. HeinerCourt of Appeals for the Third Circuit · 1931

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