Gernert v. Knerr
Superior Court of Pennsylvania
Appeal, No. 133, Nov. T., 1896, by defendant, from judgment of C. P. Berks Co., Jan. T., 1896, No. Ill, on verdict for plaintiff. Feigned issue to determine the ownership of personal property. Before Ermentrout, P. J. Sometime in the year 1891, one Frank J. Heller was indebted to Solomon Knerr, the appellant in this case, in an amount which the record does not disclose. It appears that Knerr had become surety for.
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Appeal, No. 133, Nov. T., 1896, by defendant, from judgment of C. P. Berks Co., Jan. T., 1896, No. Ill, on verdict for plaintiff. Feigned issue to determine the ownership of personal property. Before Ermentrout, P. J. Sometime in the year 1891, one Frank J. Heller was indebted to Solomon Knerr, the appellant in this case, in an amount which the record does not disclose. It appears that Knerr had become surety for. Heller at a time when he was in the hands of the sheriff, had paid the debt for Heller and afterwards had obtained judgment against him for the amount. In 1892 Heller was the tenant…
1Opinion of the Court
Opinion by
Willard, J.,
The paper executed by Frank J. Heller on February 24,1894, and delivered to Frank Gernert, the appellee, was construed by the court to be a bailment of the property mentioned therein, and with this construction all other matters in the controversy were dismissed and the jury directed to render a verdict for the appellee.
If Frank Gernet was the undisputed owner of the property as recited in the paper executed by Heller, this judgment might be sustained, but the question of ownership was not only prominent but of vital importance to the appellant on the trial of the issue.…
2Cases cited1 opinion
- Weller v. MeederSuperior Court of Pennsylvania · 1896