Pure Oil Co. v. Terry
Supreme Court of Pennsylvania
Appeal, No. 286, Jan. T., 1903, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1900, No. 903, on verdict for plaintiff in case of Pure Oil Company v. Howard Terry, Assignee, and the Real Estate Trust Company of Philadelphia. Assumpsit on a replevin bond. Before Brégy, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,788. Defendant' appealed.
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Appeal, No. 286, Jan. T., 1903, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1900, No. 903, on verdict for plaintiff in case of Pure Oil Company v. Howard Terry, Assignee, and the Real Estate Trust Company of Philadelphia. Assumpsit on a replevin bond. Before Brégy, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,788. Defendant' appealed. Error assigned was refusal of defendant’s point, quoted in the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mb. Justice Brown,
On January 4, 1897, Howard Terry, assignee of the Pennsylvania Oil Company, issued a writ of replevin against the Pure Oil Company to recover possession of certain personal property. The Pure Oil Company was in possession of it as lessee of Lewis Emory, Jr. The writ was served by the sheriff, his return being: “ Replevied, as commanded, and summoned defendant, and property so replevied delivered to plaintiff.” As a matter of fact, the plaintiff did not take possession of any of the articles enumerated in the writ. All were allowed to remain in the possession of the…
2Cases cited8 opinions
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Curtis v. WardSupreme Court of Connecticut · 1850
- Baker v. FreemanNew York Supreme Court · 1832
- M'Donald v. ScaifeSupreme Court of Pennsylvania · 1849
- Clark v. HallockNew York Supreme Court · 1837
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3Cited by1 opinion
- Equitable Trust Co. v. National Surety Co.Supreme Court of Pennsylvania · 1906