Legal Opinion

Abramovitz v. Krull

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 176Published

Appeal, No. 176, Oct. T., 1919, by plaintiff, from judgment of Municipal Court of Philadelphia, December T., 1918, No. 679, refusing to strike off nonsuit in the ease of Isadore Abramovitz, Appellant, v. Charles A. Krull. Trespass to recover damages for improper levy and sale. Before Crane, J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed.

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Appeal, No. 176, Oct. T., 1919, by plaintiff, from judgment of Municipal Court of Philadelphia, December T., 1918, No. 679, refusing to strike off nonsuit in the ease of Isadore Abramovitz, Appellant, v. Charles A. Krull. Trespass to recover damages for improper levy and sale. Before Crane, J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff’s action was trespass against the defendant for selling the goods and fixtures owned by the plaintiff in a cigar and confectionary store carried on by him in Philadelphia. Part of the property levied on and sold had been purchased from one, Harry Garden, who had theretofore carried on business in the same place. Other fixtures and merchandise levied on were bought by the plaintiff between the time he took possession of the store and the time of the levy. The property was seized on execution issued by the defendant against Garden. There was evidence that…

2Cases cited1 opinion

  1. Ritter v. WraySuperior Court of Pennsylvania · 1911

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