Legal Opinion

National Cash Register Co. v. Shurber

Superior Court of Pennsylvania

Decided October 11, 1909No. Appeal, No. 17PublishedCited by 8 opinions

Appeal, No. 17, April T., 1909, by defendant, from judgment of C. P. Armstrong Co., Dee. T., 1907, No. 148, on verdict for plaintiff in case of National Cash Register Company v. George Shurber. Replevin to recover a cash register. Before Patton, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Rice, P. J.,

The court was right in its construction of the writing under which the chattel in dispute was delivered to Vergos and Kyramis. It contained all the essentials of a contract of bailment, and went beyond the indispensable essentials in including the express agreement of the bailees to surrender the chattel to the bailor in good condition at the expiration of the lease, which was for seven months at a stipulated rent. Upon principle, and according to the doctrine of numerous cases, the facts that the bailees, as stipulated in the writing, deposited $15.00 as partial…

2Cases cited13 opinions

  1. Stiles v. SeatonSupreme Court of Pennsylvania · 1901
  2. Goss Printing Press Co. v. JordanSupreme Court of Pennsylvania · 1895
  3. Miller Piano Co. v. ParkerSupreme Court of Pennsylvania · 1893
  4. Painter v. SnyderSuperior Court of Pennsylvania · 1903
  5. Crist v. KleberSupreme Court of Pennsylvania · 1875

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In re SteinDistrict Court, E.D. Pennsylvania · 1936
  2. Liquid Carbonic Co. v. QuickCourt of Appeals for the Third Circuit · 1910
  3. Groves v. LewisSuperior Court of Pennsylvania · 1913
  4. In re RinkerDistrict Court, M.D. Pennsylvania · 1909
  5. Guy A. Willey Motor Co. v. ErvinSuperior Court of Pennsylvania · 1925

3 more not listed; retrieve them via the Exa API.

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