Braden v. Cook
Superior Court of Pennsylvania
Appeal, No. 37, April T., 1901, by defendants, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 303, on verdict for plaintiff in case of A. R. Braden v. J. W. Cook, A. Wayne Cook and Jacob H. Cook, partners as A. Cook •& Sons. Assumpsit to recover the value of three boats. Before Frazer, J. The facts appear by the opinion of the Superior Court. The court charged in part as follows : [Mr. Braden knew of the sale; there is no doubt about that.
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Appeal, No. 37, April T., 1901, by defendants, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1899, No. 303, on verdict for plaintiff in case of A. R. Braden v. J. W. Cook, A. Wayne Cook and Jacob H. Cook, partners as A. Cook •& Sons. Assumpsit to recover the value of three boats. Before Frazer, J. The facts appear by the opinion of the Superior Court. The court charged in part as follows : [Mr. Braden knew of the sale; there is no doubt about that. But did he know that these boats were levied on ? If, as Mr. Dewalt says, he was informed of the levy and was advised that he had better…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiff brought an action of assumpsit to recover the value of three boats, which he alleged were his property and had been wrongfully taken by the defendant, from the landing of Blythe & Company on the Monongahela river where they were moored. The defendant claimed title under a sale by the sheriff upon an execution against Blythe & Company. It was undisputed that the boats had been the property of the plaintiff. There were practically two questions in dispute at the trial: had the plaintiff sold and delivered the boats to Blythe ? or, if he had not done so,…
2Cases cited4 opinions
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- Smith v. Arsenal BankSupreme Court of Pennsylvania · 1883
- Carey v. BuckleySupreme Court of Pennsylvania · 1899
- Jacoby v. North British & Mercantile InsuranceSuperior Court of Pennsylvania · 1899
3Cited by1 opinion
- Stady v. MartocelloSuperior Court of Pennsylvania · 1944