Walsh v. The Bourse
Superior Court of Pennsylvania
Appeal, No. 226, Oct. T., 1899, by plaintiffs, in suit of Mary T. Walsh, William Gorman and Edward H. Brennan, trustees of the estate of Philip J. Walsh, deceased, trading as Phil. J. Walsh’s Estate, against the Philadelphia Bourse, from judgment C. P. No. 4, Phila. Co., March T., 1899, No. 1008, discharging rule for judgment for want of a sufficient affidavit of defense. Per Curiam. Rule for judgment for want of sufficient affidavit of defense in an action of assumpsit.
Read the full summary
Appeal, No. 226, Oct. T., 1899, by plaintiffs, in suit of Mary T. Walsh, William Gorman and Edward H. Brennan, trustees of the estate of Philip J. Walsh, deceased, trading as Phil. J. Walsh’s Estate, against the Philadelphia Bourse, from judgment C. P. No. 4, Phila. Co., March T., 1899, No. 1008, discharging rule for judgment for want of a sufficient affidavit of defense. Per Curiam. Rule for judgment for want of sufficient affidavit of defense in an action of assumpsit. Before the court in banc. It appears from the record that the plaintiff brought an action to recover the value of certain…
1Opinion of the Court
Per Curiam,
The regulation of the defendant which provides that “ all furniture, bulky packages and freight must be carried on the freight elevator ” is obviously reasonable, and no person, whether tenant or not, could claim successfully that any of his rights were infringed because he was prevented from removing such articles by the stairway. But the defendant went further and ordered the goods to be returned to the tenant’s office from which they had been taken, which was done. Did this amount to a conversion for which the defendant was liable to the full.extent of the value of the goods ?…
2Cases cited2 opinions
- Esterly Machine Co. v. SpencerSupreme Court of Pennsylvania · 1892
- Bogert v. BattertonSuperior Court of Pennsylvania · 1898
3Cited by2 opinions
- Walsh v. Philadelphia BourseSuperior Court of Pennsylvania · 1907
- American Coat, Apron & Towel Supply Co. v. Grant Building, Inc.Superior Court of Pennsylvania · 1931