American Can Co. v. U. S. Canning Corp.

• George Starke, J.

The plaintiff, American Can Company, and Samuel Breiter & Company, Inc. (hereinafter referred to as Breiter), defendant and third-party claimant, each make claim to a certain can-closing machine, presently in the possession of plaintiff.

The plaintiff named U. S. Canning Corporation as a defendant but replevied the machine from Breiter, without naming Breiter as a party defendant, although plaintiff knew the chattel was in the possession of Breiter. Breiter, having properly intervened, interposed an answer demanding affirmative relief in its favor for the possession of the…