Malone v. Franklin Grocery Co.
Superior Court of Pennsylvania
Appeal, No. 71, Oct. T., 1916, by pláintiffs, from judgment of C. P. Lancaster Oo., Aug. T., 1914, No. 37, on verdict for defendant in case of John E. Malone and James H. Cleaver, Executors of Joseph Haefner v. Franklin Grocery Co. Sheriff’s interpleader to determine ownership of personal property. Before Hassler, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant.
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Appeal, No. 71, Oct. T., 1916, by pláintiffs, from judgment of C. P. Lancaster Oo., Aug. T., 1914, No. 37, on verdict for defendant in case of John E. Malone and James H. Cleaver, Executors of Joseph Haefner v. Franklin Grocery Co. Sheriff’s interpleader to determine ownership of personal property. Before Hassler, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant for $1,000. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Williams, J.,
In a sheriff’s interpleader to determine the ownership of the goods in an hotel, attached as the property of one Killian, and claimed as the property of the owner of the hotel, Joseph Haefner, the facts as shown by the plaintiff were that on December 16, 1904, Haefner leased the hotel, with its furniture, to Killian; that the lease contained a provision that Killian was to have the privilege of rerenting for another year from April 1, 1906, on condition that he purchase the personal property therein for $3,000; that in pursuance of this lease Joseph Haefner had Amos E.…
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- Thompson v. SchochSupreme Court of Pennsylvania · 1916
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