Reading Automobile Co. v. DeHaven
Superior Court of Pennsylvania
Appeal, No. 217, Oet. T., 1912, by defendant, from judgment of C. P. Berks Co., Jan. T., 1912, No. 11, on verdict for plaintiff in case of Reading Automobile Company v. Alexander M. DeHaven. Feigned issue on sheriff’s interpleader. At the trial the jury returned a verdict for plaintiff.
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Appeal, No. 217, Oet. T., 1912, by defendant, from judgment of C. P. Berks Co., Jan. T., 1912, No. 11, on verdict for plaintiff in case of Reading Automobile Company v. Alexander M. DeHaven. Feigned issue on sheriff’s interpleader. At the trial the jury returned a verdict for plaintiff. On a motion for judgment for defendant non obstante veredicto Wagner, J., filed the following opinion: This is an action of interpleader to determine the title to an automobile levied upon by the sheriff by reason of an execution issued at the instance of this defendant. The plaintiff, in support of its claim…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff sold to Albert A. Gery an automobile valued at $5,000, and Gery paid at that time $500 on account and the company refused to accept notes for the balance of the purchase price, when both parties agreed to make a contract of bailment and on January 27, 1910, such a contract in writing was executed and provided that Gery should pay $2,500 cash and $320 per month for eight succeeding months. The machine was delivered to Gery, but he never made any of the payments stipulated in the written contract. Within a few days after he received the auto from the plaintiff…
2Cases cited6 opinions
- Stiles v. SeatonSupreme Court of Pennsylvania · 1901
- Painter v. SnyderSuperior Court of Pennsylvania · 1903
- Rowe v. SharpSupreme Court of Pennsylvania · 1865
- Ditman v. C. B. Cottrell & SonsSupreme Court of Pennsylvania · 1889
- American Car & Foundry Co. v. Altoona & Beech Creek RailroadSupreme Court of Pennsylvania · 1907
1 more not listed; retrieve them via the Exa API.
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