Union Mattress Machinery Co. v. Jachnovitz
Superior Court of Pennsylvania
Appeal, No. 36, Oct. T., 1913, by plaintiffs, from judgment of C. P. No. 3, Phila. Co., June T., 1911, No. 3,654, on verdict for defendants in case of United Mattress Machinery Company v. N. Jachnovitz and Louis I. Cohen, trading as Philadelphia Bedding Company. Replevin for machinery. Before McMichael, P. J. The case turned on the question of whether a certain instrument in writing was a bailment or conditional sale.
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Appeal, No. 36, Oct. T., 1913, by plaintiffs, from judgment of C. P. No. 3, Phila. Co., June T., 1911, No. 3,654, on verdict for defendants in case of United Mattress Machinery Company v. N. Jachnovitz and Louis I. Cohen, trading as Philadelphia Bedding Company. Replevin for machinery. Before McMichael, P. J. The case turned on the question of whether a certain instrument in writing was a bailment or conditional sale. The instrument in writing in question was as follows: “Know all men by these presents, that the undersigned United Mattress Machinery Company, a corporation with its principal…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff issued a writ of replevin for a mattress filling and sewing machin'e with table, and alleges in its statement of claim that these articles had been leased under an agreement in writing, the terms of which had *648been breached by the defendants, by reason of which the plaintiff was entitled to resume their possession. No facts are in dispute, and the only question is whether the written agreement under which the articles in question were delivered to the defendants constituted a bailment or a conditional sale. The trial judge interpreted the writing as providing…
2Cases cited7 opinions
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- Jones v. WandsSuperior Court of Pennsylvania · 1896
- Kelley Springfield Road Roller Co. v. SchlimmeSupreme Court of Pennsylvania · 1908
- Crist v. KleberSupreme Court of Pennsylvania · 1875
- American Car & Foundry Co. v. Altoona & Beech Creek RailroadSupreme Court of Pennsylvania · 1907
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