Whitehill v. Schwartz
Superior Court of Pennsylvania
Appeal, No. 209, Oct. T., 1904, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1899, No. 605, on verdict for defendant in case of Edward Whitehill v. Joseph Schwartz. Replevin for household goods, delivered under an agreement of bailment. Before Barratt, J. The opinion of the Superior Court states the case. Verdict and judgment for defendant for $195.48. Plaintiff appealed.
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Appeal, No. 209, Oct. T., 1904, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1899, No. 605, on verdict for defendant in case of Edward Whitehill v. Joseph Schwartz. Replevin for household goods, delivered under an agreement of bailment. Before Barratt, J. The opinion of the Superior Court states the case. Verdict and judgment for defendant for $195.48. Plaintiff appealed. Error assigned among others was portion of the charge of the court quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Poster, J.,
The plaintiff brought replevin for certain household goods which he had delivered to the wife of the defendant, upon a written contract of bailment for hire. The written agreement provided that the bailee should pay a rental of $5.00 on Tuesday of each week; that in case of default in the payment of any weekly sum, on the day set apart for the payment of the same, the bailor (the plaintiff) should have the right to retake the property. And in case the payments were made as they became due until the sum of $278.76 had been paid, and upon the payment of the further sum of…
2Cases cited4 opinions
- Vicary v. MooreSupreme Court of Pennsylvania · 1834
- McManus v. CassidySupreme Court of Pennsylvania · 1870
- Green v. RobertsSupreme Court of Pennsylvania · 1840
- Lovett v. BurkhardtSupreme Court of Pennsylvania · 1863
3Cited by7 opinions
- York Metal & Alloys Co. v. Cyclops Steel Co.Supreme Court of Pennsylvania · 1924
- Denby v. North Side Carpet Cleaning Co.Superior Court of Pennsylvania · 1978
- L. C. Smith & Bro. Typewriter Co. v. AllemanCourt of Appeals for the Third Circuit · 1912
- Encyclopaedia Britannica, Inc. v. CowanSuperior Court of Pennsylvania · 1940
- Jawer v. BornerSupreme Court of Pennsylvania · 1922
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