Legal Opinion

American Soda Fountain Co. v. Stenger

Superior Court of Pennsylvania

Decided July 18, 1912No. Appeal, No. 26PublishedCited by 1 opinion

Appeal, No. 26, April T., 1912, by plaintiff, from judgment of C. P. Westmoreland Co., Nov. T., 1909, No. 412, on verdict for defendant in case of American Soda Fountain Company v. C. W. Stenger and Thomas Flynn. Replevin for a soda water fountain. Before Doty, P. J. Verdict and judgment for defendant for $500. Plaintiff appealed. Error assigned was in refusing binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff corporation brought replevin for the recovery of a soda water apparatus and appurtenances which Flynn, one of the defendants, had purchased at a sale by a constable under a distress for rent. The property had been in the possession of Stenger in a store which he occupied as a tenant of Flynn. Default having been made in the payment of rent for the store which was due, Flynn issued a landlord’s warrant, under which the property in question was levied upon and sold, Flynn becoming the purchaser. There is no question as to the regularity of the proceedings…

2Cases cited1 opinion

  1. McGeary v. MellorSupreme Court of Pennsylvania · 1878

3Cited by1 opinion

  1. Reinhart v. GerhardtSuperior Court of Pennsylvania · 1943

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