Liquid Carbonic Co. v. Truby
Superior Court of Pennsylvania
Appeal, No. 135, April T., 1909, by plaintiff, from judgment of C. P. Armstrong Co., Dec. T., 1907, No. 125, for defendants non obstante veredicto in case of The Liquid Carbonic Company v. Anna M. Truby and E. E. Truby, Administrators. Replevin for a soda fountain. Before Patton, P. J. At the trial it appeared that plaintiff had leased the soda fountain in question to W. M. Weiss, the tenant of a drug store owned by D. A. Goldman.
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Appeal, No. 135, April T., 1909, by plaintiff, from judgment of C. P. Armstrong Co., Dec. T., 1907, No. 125, for defendants non obstante veredicto in case of The Liquid Carbonic Company v. Anna M. Truby and E. E. Truby, Administrators. Replevin for a soda fountain. Before Patton, P. J. At the trial it appeared that plaintiff had leased the soda fountain in question to W. M. Weiss, the tenant of a drug store owned by D. A. Goldman. Goldman entered judgment on a warrant of attorney in his lease for rent in arrears and issued a fieri facias under which the soda fountain was sold. Subsequently…
1Opinion of the Court
Opinion by
Rice, P. J.,
The verdict of the jury in favor of the plaintiff implies a finding that the plaintiff, the owner of the soda water fountain in dispute, had given notice to the landlord that the chattel was leased or hired, as the Act of April 28,1899, P. L. 117, requires. But upon the defendants’ motion for judgment non obstante veredicto under the Act of April 22, 1905, P. L. 286, the court held that the act of 1899 is unconstitutional, and that as the *636judgment under which the chattel was sold was for rent, a good title passed, and therefore entered judgment for the defendant. We are…
2Cases cited7 opinions
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Pierce v. ScottSupreme Court of Pennsylvania · 1842
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- Greider's AppealSupreme Court of Pennsylvania · 1846
- Harper v. KeelySupreme Court of Pennsylvania · 1851
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