Legal Opinion

Vivian v. Challenger

Superior Court of Pennsylvania

Decided December 12, 1910No. Appeal, No. 12PublishedCited by 1 opinion

Appeal, No. 12, March T., 1910, by defendant, from judgment of C. P. Luzerne Co., Feb. T., 1907, No. 508, on verdict for plaintiff in case of Henry Vivian, by his next friend Eliza Thomas, v. William Challenger. Trespass for wrongful conversion of personal property. Before (Ferris, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $700 punitive damages and $150 for value of personal property converted.

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Appeal, No. 12, March T., 1910, by defendant, from judgment of C. P. Luzerne Co., Feb. T., 1907, No. 508, on verdict for plaintiff in case of Henry Vivian, by his next friend Eliza Thomas, v. William Challenger. Trespass for wrongful conversion of personal property. Before (Ferris, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $700 punitive damages and $150 for value of personal property converted. Errors assigned were (1-9) various rulings on evidence and instructions sufficiently set forth in the opinion of the Superior Court.

1Opinion of the Court

Opinion by

Porter, J.,

The defendant caused a judgment to be entered in the court of common pleas of Luzerne county against Eliza Thomas, under a warrant of attorney contained in a note purporting to have been signed by her. He issued an execution upon this judgment and directed the sheriff to levy upon certain personal property and that property was sold by the sheriff, bought in by the plaintiff in the writ, this defendant, and was subsequently converted by him to his own uses. This action of trespass was subsequently brought by Eliza Thomas on behalf of Henry Vivian, her minor son by a…

2Cases cited12 opinions

  1. Hollinger v. York Railways Co.Supreme Court of Pennsylvania · 1909
  2. Reese v. HersheySupreme Court of Pennsylvania · 1894
  3. Quinn v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909
  4. Mobley v. BrunerSupreme Court of Pennsylvania · 1868
  5. Jackson v. SummervilleSupreme Court of Pennsylvania · 1850

7 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Certificates of Co-Owners of Automobiles, Pennsylvania Court of Common Pleas, Harrisburg County1924

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