Legal Opinion

Hallet & Davis Piano Co. v. Fisher

Superior Court of Pennsylvania

Decided April 21, 1924No. Appeal, 62PublishedCited by 3 opinions

Appeal, No. 62, April T., 1924, by defendant, from judgment of C. P. Cambria Co., Sept. T., 1918, No. 313, on verdict for plaintiff in tbe case of Hallet & Davis Piano Company v. George Fisher. Feigned issue to determine title to personal property. Before McCann, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff and entered judgment thereon. Defendant appealed.

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Appeal, No. 62, April T., 1924, by defendant, from judgment of C. P. Cambria Co., Sept. T., 1918, No. 313, on verdict for plaintiff in tbe case of Hallet & Davis Piano Company v. George Fisher. Feigned issue to determine title to personal property. Before McCann, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict in favor of the plaintiff and entered judgment thereon. Defendant appealed. Error assigned was, among others, the refusal of defendant’s motion for judgment non obstante veredicto.

1Opinion of the Court

Opinion by

Keller, J.,

At the trial of the sheriff’s interpleader issue in the court below both parties presented points for binding instructions. The trial judge directed a verdict for the plaintiff, the claimant of the property.

The assignments of error are directed to the action of the court below in refusing to enter judgment for the defendant non obstante veredicto, and in entering judgment upon the verdict.

The only question involved was as to the ownership of the property at the time of the sheriff’s levy. This depended solely on the construction to be given the writ ten agreement between…

2Cases cited4 opinions

  1. Keystone Watch Case Co. v. Fourth Street National BankSupreme Court of Pennsylvania · 1900
  2. Liquid Carbonic Co. v. TrubySuperior Court of Pennsylvania · 1909
  3. Peek v. HeimSupreme Court of Pennsylvania · 1889
  4. Thompson v. Paret & Co.Supreme Court of Pennsylvania · 1880

3Cited by3 opinions

  1. Baltzell v. Peace, Pennsylvania Court of Common Pleas, Philadelphia County1951
  2. General Refrigerator & Store Fixture Co. v. Patterson, Pennsylvania Court of Common Pleas, Philadelphia County1952
  3. United States Asbestos Co. v. Forney, Pennsylvania Court of Common Pleas, Lancaster County1926

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