Automobile Finance Co. v. Reese
Superior Court of Pennsylvania
Appeal, No. 142, Oct. T., 1919, from judgment of C. P. No. 5, Phila. County, June T., 1917, No. 4416, on verdict for plaintiff in the case of Automobile Finance Company v. William O. Reese, Harry Bolen and Charles O. Woertz. Replevin to recover possession of an automobile.
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Appeal, No. 142, Oct. T., 1919, from judgment of C. P. No. 5, Phila. County, June T., 1917, No. 4416, on verdict for plaintiff in the case of Automobile Finance Company v. William O. Reese, Harry Bolen and Charles O. Woertz. Replevin to recover possession of an automobile. Before Martin, P. J. From the record it appeared that the plaintiff purchased from Gorson’s Automobile Exchange an Overland Touring Car Motor No. 10,224, and, on the same day entered into a bailment lease with the defendant, by which the latter acquired possession of the car upon his undertaking to pay rental in the sum of…
1Opinion of the Court
Opinion by
Trexler, J.,
The question involved is, “When a defendant in replevin files a eounterbond and retains the property in controversy, is he estopped from proving a value other than that shown by the counterbond?”
The Replevin Act of April 19, 1901, P. L. 88, provides in section 1, that the person applying for the writ shall execute a bond “with security in double the value of the goods sought to be replevied, conditioned that if the plaintiff or plaintiffs fail to maintain their title to such goods or chattels, he or they shall pay to the party thereunto entitled the value of said goods…
2Cases cited3 opinions
- Commonwealth v. LintottSuperior Court of Pennsylvania · 1916
- Kann v. BennettSupreme Court of Pennsylvania · 1909
- May, Stern & Co. v. LintnerSuperior Court of Pennsylvania · 1917
3Cited by5 opinions
- Gaspero v. GentileSuperior Court of Pennsylvania · 1946
- Moyer v. Frankford Crate Co.Superior Court of Pennsylvania · 1938
- Royal Batting & Felting Co. v. KleinSuperior Court of Pennsylvania · 1941
- Jacobs v. KriegerSuperior Court of Pennsylvania · 1925
- Marx v. Perrus, Pennsylvania Court of Common Pleas, Westmoreland County1927