Moore v. Shenk
Supreme Court of Pennsylvania
May 11. — This was an aciion of replevin for a gray mare of the value of $100, brought by Christian Shenk, the defendant in error, who was plaintiff below, against James Moore, the plaintiff in error. Bonds were given, and the defendant held the property. The defendant pleaded property, to which the plaintiff replied property in hims.elf, and on this issue the cause was tried.
Read the full summary
May 11. — This was an aciion of replevin for a gray mare of the value of $100, brought by Christian Shenk, the defendant in error, who was plaintiff below, against James Moore, the plaintiff in error. Bonds were given, and the defendant held the property. The defendant pleaded property, to which the plaintiff replied property in hims.elf, and on this issue the cause was tried. The controversy in this case grew out of a trade or exchange of mares between Christian Shenk, the teamster of Christian Shenk, the plaintiff, and Jan es Moore, the defendant. 'It appeared that on or about the 12th'of…
1Opinion of the CourtGibson, C. J.
We cannot say that the witness, Christian Shenlc, was improperly received. He was no more than the plaintiff’s wagoner, intrusted with the management and disposition of the team, whatever may have been understood by those who heard him speak of it as his own; and it cannot be perceived that he could be benefited or prejudiced by the event of the suit. A wagoner, in charge of a team, usually conducts himself as if he were the owner of it, and is sometimes allowed even to exchange the horses which compose it, as the witness seems, in this instance, to have been ; for that he was so, may be…
2Cases cited4 opinions
- Marsh v. PierSupreme Court of Pennsylvania · 1833
- Easton v. WorthingtonSupreme Court of Pennsylvania · 1819
- Etter v. EdwardsSupreme Court of Pennsylvania · 1835
- Chaffee v. SangstonSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Cox v. BurdettSuperior Court of Pennsylvania · 1903
- Reber v. SchroederSupreme Court of Pennsylvania · 1908
- Abel v. M. H. Pickering Co.Superior Court of Pennsylvania · 1914
- Bonner v. Randal, Pennsylvania Court of Common Pleas, Montgomery County1925