Summerson v. Hicks
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS OP CLINTON COUNTY. No. 426 January Term 1889, Sup. Ot.; court below, No. 133 May Term 1886, C. P. On April 7,1886, two horses and two sets of harness, alleged to be of the value of $300, were replevied by the sheriff and delivered to the plaintiff, at the suit of John Summerson against William Hicks and Mary Hicks. Issue.
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APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS OP CLINTON COUNTY. No. 426 January Term 1889, Sup. Ot.; court below, No. 133 May Term 1886, C. P. On April 7,1886, two horses and two sets of harness, alleged to be of the value of $300, were replevied by the sheriff and delivered to the plaintiff, at the suit of John Summerson against William Hicks and Mary Hicks. Issue. At the trial on March 4, 1889, it was shown that on October 31, 1885, the plaintiff, through one Garsty, made a bargain with William Hicks, husband of Mary Hicks, for two horses and harness, for the price of $225 ; $100 was…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
We are unable to agree entirely with the view taken by either of the parties. Both appear to have been in some degree misled by looking at the name, and not at the substance of the contract. It is called a lease, but it is manifestly a sale. No term is stipulated for the hiring, nor any rate per month or per annum. On the contrary, it is merely said that the horses are leased for a lump sum of one hundred and twenty-five dollars. But what is conclusive of the character of the transaction, is the stipulation that “ the ownership shall remain in Mary Hicks until…
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- Hahn v. AndrewsSupreme Court of Pennsylvania · 1952
- New Chester Water Co. v. Holly Manuf'g Co.Court of Appeals for the Third Circuit · 1892
- Ryle v. Knowles Loom WorksCourt of Appeals for the Third Circuit · 1898
- Commercial Inv. Trust Co. v. MinonCourt of Appeals for the Third Circuit · 1939
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