May, Stern & Co. v. Lintner
Superior Court of Pennsylvania
Appeal, No. 40, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1914, No. 1829, on verdict for defendant in case of May, Stern & Co. v. C. C. Lintner et al. Replevin for goods under bailment. From the record it appeared that the defendant, Lintner, was the bailee of the plaintiff of a quantity of household furniture which he placed upon the premises which he had rented from W. R. Stoughton.
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Appeal, No. 40, April T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1914, No. 1829, on verdict for defendant in case of May, Stern & Co. v. C. C. Lintner et al. Replevin for goods under bailment. From the record it appeared that the defendant, Lintner, was the bailee of the plaintiff of a quantity of household furniture which he placed upon the premises which he had rented from W. R. Stoughton. Stoughton issued a landlord’s warrant, and pending a proceeding on the warrant, the plaintiff issued a writ of replevin. At the trial of the case judgment was directed for the…
1Opinion of the Court
Opinion by
Teexler, J.,
The first question presented is, “In replevin may the affidavit of value which the plaintiff is required to make before the writ may issue be used as conclusive to estop the plaintiff from showing the actual value at the trial?” The goods replevied consisted of household furniture which the plaintiff had leased to Lintner under the usual form of lease employed by installment houses and in the lease the value of the goods is fixed at $931.32 and a later clause provides that the same value shall apply to any replevin suit thereafter brought for the recovery of the goods.…
2Cases cited5 opinions
- Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
- Commonwealth v. LintottSuperior Court of Pennsylvania · 1916
- Franciscus v. ReigartSupreme Court of Pennsylvania · 1835
- Myers v. EserySupreme Court of Pennsylvania · 1890
- M. H. Pickering Co. v. LichtensteinSuperior Court of Pennsylvania · 1916
3Cited by9 opinions
- National Cash Register Co. v. AnsellSuperior Court of Pennsylvania · 1936
- Gaspero v. GentileSuperior Court of Pennsylvania · 1946
- Derbyshire Bros. v. McManamySuperior Court of Pennsylvania · 1930
- Potts Dept. Store v. Lutz SweigartSuperior Court of Pennsylvania · 1929
- J.J. Pocock, Inc., to Use v. LevySuperior Court of Pennsylvania · 1937
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