Hunter Construction Co. v. Lyons
Supreme Court of Pennsylvania
Appeal, No. 167, Oct. T., 1911, by defendant, from judgment of C. P. Washington Co., Nov. T., 1910, No. 8, on verdict for plaintiff in case of The Hunter Construction Company v. Robert Lyons, Receiver of the Cosmopolitan National Bank of Pittsburg. Feigned issue under sheriff’s interpleader. Before McIlvaine, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 167, Oct. T., 1911, by defendant, from judgment of C. P. Washington Co., Nov. T., 1910, No. 8, on verdict for plaintiff in case of The Hunter Construction Company v. Robert Lyons, Receiver of the Cosmopolitan National Bank of Pittsburg. Feigned issue under sheriff’s interpleader. Before McIlvaine, P. J. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows: Now, gentlemen, the defendant has asked us to instruct ■ you as a matter of law that these facts that have been testified to are not sufficient to show a delivery. We refuse to instruct…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
This is a feigned issue under the sheriff’s interpleader act to determine the title to certain personal property *565seized on an execution in which the appellant was the plaintiff and N. C. Hunter, the defendant. The facts in the case are undisputed, and nothing could be clearer from a mere recital of them than that heed must be given to appellant’s complaint of the refusal of the trial judge to direct a verdict in his favor.
For fifteen or twenty years prior to 1910 N. C. Hunter had been a contractor engaged in constructing railroads and highways in the county of…
2Cases cited11 opinions
- White v. GunnSupreme Court of Pennsylvania · 1903
- McKibbin v. MartinSupreme Court of Pennsylvania · 1870
- Renninger v. Spatz, Pennsylvania Court of Common Pleas, Lancaster County1889
- Crawford v. DavisSupreme Court of Pennsylvania · 1882
- Garretson v. Hackenberg, Pennsylvania Court of Common Pleas, Potter County1891
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Northrop v. Finn Construction Co.Supreme Court of Pennsylvania · 1918
- Doll v. Crooks, Pennsylvania Court of Common Pleas, Cameron County1933
- Finance & Guarantee Co. v. StittCourt of Appeals for the Third Circuit · 1927
- Lehman v. Souders, Pennsylvania Court of Common Pleas, Cumberland County1929
- Nathenson v. CrosslandSuperior Court of Pennsylvania · 1913
1 more not listed; retrieve them via the Exa API.