Landis Machine Co. v. Cooper
Superior Court of Pennsylvania
Appeal, No. 180, Oct. T., 1912, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1911, No. 4,538, sustaining demurrer to statement of claim in case of Landis Machine Company v. Samuel W. Cooper, Assignee of the Consolidated Sporting Goods Manufacturing Company. Replevin for a machine. Demurrer to statement of claim. The opinion of the Superior Court states the case. Error assigned was in sustaining the demurrer.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff in this action of replevin filed a statement to which the defendant demurred, and the plaintiff having joined issue on the demurrer, the court below entered judgment in favor of the defendant. The grounds of demurrer were that, under the facts alleged in'the statement, the contract under which the machine in question was delivered to the Consolidated Sporting Goods Manufacturing Company constituted a conditional sale, that when the purchaser executed a general assignment for the benefit of creditors to the defendant, the title to and right to possess the…
2Cases cited3 opinions
- Miller v. JacksonSupreme Court of Pennsylvania · 1907
- Citizens' National Bank v. GassSuperior Court of Pennsylvania · 1905
- Hoover v. OberSuperior Court of Pennsylvania · 1910
3Cited by2 opinions
- First Nat. Bank v. WeaverCourt of Appeals for the Third Circuit · 1924
- Miller's PetitionSuperior Court of Pennsylvania · 1935