Ayers v. McCandless
Supreme Court of Pennsylvania
Appeal, No. 298, Oct. T., 1891, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., "1889, No. 285, on verdict for plaintiff. Trespass by E. R. Ayers and H. E. Dewey, trading as E. R. Ayers & Co., against Alexander AD. McCandless, for seizing and selling, under a writ of execution against H. Bauer & Bro., directed to the defendant as sheriff of Allegheny county, certain lumber alleged to be the property of the plaintiffs. Issue.
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Appeal, No. 298, Oct. T., 1891, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., "1889, No. 285, on verdict for plaintiff. Trespass by E. R. Ayers and H. E. Dewey, trading as E. R. Ayers & Co., against Alexander AD. McCandless, for seizing and selling, under a writ of execution against H. Bauer & Bro., directed to the defendant as sheriff of Allegheny county, certain lumber alleged to be the property of the plaintiffs. Issue. At the trial on March 11, 1891, it was shown that Bauer & Brother owned a planing mill in the borough of Millvale, Alie-, gheny county. In April,…
1Opinion of the Court
Per Curiam,
We are of opinion that the change of possession of the lumber in controversy was all that was reasonably necessary and practicable, under the circumstances.
The plaintiffs are wholesale dealers in lumber, with their place of business at East Saginaw, in the state of Michigan. The two carloads of lumber in question were sold and shipped by them to H. Bauer & Brother, of Millvale, Alleghenj1- county. Bauer & Brother, being unable to pay for the lumber accord*54ing to the contract with the plaintiffs, the latter came on to Millvale, and after an interview with Bauer & Brother, the…
2Cases cited1 opinion
- Cessna v. NimickSupreme Court of Pennsylvania · 1886
3Cited by1 opinion
- Bush v. Export Storage Co.U.S. Circuit Court for the District of Eastern Tennessee · 1904