Ditman v. C. B. Cottrell & Sons
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE PHIL ADEL-PHIA COUNTY. No. 177 January Term 1889, Sup. Ct.; court below, No. 226 December Term 1887, C. P. No. 2. On January 19, 1888, Joseph G. Ditman issued an execution on a judgment against James F. Dickson, doing business as James F. Dickson & Co., and levied upon four printing presses as the property of the defendant.
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ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE PHIL ADEL-PHIA COUNTY. No. 177 January Term 1889, Sup. Ct.; court below, No. 226 December Term 1887, C. P. No. 2. On January 19, 1888, Joseph G. Ditman issued an execution on a judgment against James F. Dickson, doing business as James F. Dickson & Co., and levied upon four printing presses as the property of the defendant. The presses were claimed by C. B. Cottrell & Sons, and a feigned issue was ordered on a sheriff’s interpleader, in which C. B. Cottrell et al. were made plaintiffs and J. G. Ditman was made defendant. At the trial of the issue on…
1Per curiam
The question here is whether the agreement of December 10, 1885, is a conditional sale or a bailment. The learned • court below ruled that it was a bailment, and we see no error in this. The case comes distinctly within Rowe v. Sharp, 51 Pa. 26, and Enlow v. Klein, 79 Pa. 488, and that line of cases.
Judgment affirmed.
2Cases cited2 opinions
- Rowe v. SharpSupreme Court of Pennsylvania · 1865
- Enlow v. KleinSupreme Court of Pennsylvania · 1875
3Cited by13 opinions
- Lippincott v. ScottSupreme Court of Pennsylvania · 1901
- L. C. Smith & Bro. Typewriter Co. v. AllemanCourt of Appeals for the Third Circuit · 1912
- Walton v. TepelCourt of Appeals for the Third Circuit · 1913
- Duhrkop Oven Co. v. TormayCourt of Appeals for the Third Circuit · 1925
- Euwer v. GreerSuperior Court of Pennsylvania · 1905
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