Automobile Banking Corp. v. Mentzer

Geoff, J.,

This is an action of replevin brought by the plaintiff to recover eight second-hand automobiles found by the said plaintiff to be in the possession of one Harvey Mentzer. The said Harvey Mentzer was the owner of a public garage located at Murrell, near Ephrata, in this county. The plaintiff filed its bond. Mentzer gave no counter-bond, and possession of the machines was delivered to the plaintiff.

On May 1, 1930, the plaintiff filed its declaration, in which it avers, in paragraph 3, that, prior to the institution of this suit, it became the owner of the automobiles enumerated in the…