Legal Opinion

Johnson v. Groff

Superior Court of Pennsylvania

Decided January 20, 1903No. Appeal, No. 197PublishedCited by 5 opinions

Appeal, No. 197, Oct. T., 1902, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1895, No. 40, on verdict for plaintiff in case of Kirk Johnson, trading as Kirk Johnson & Company, v. Abram E. Groff. Replevin for a piano. Before Livingston, P. J. At the trial it appeared that in August, 1893, the plaintiff sold the piano in question to the defendant.

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Appeal, No. 197, Oct. T., 1902, by defendant, from judgment of C. P. Lancaster Co., Aug. T., 1895, No. 40, on verdict for plaintiff in case of Kirk Johnson, trading as Kirk Johnson & Company, v. Abram E. Groff. Replevin for a piano. Before Livingston, P. J. At the trial it appeared that in August, 1893, the plaintiff sold the piano in question to the defendant. The plaintiff showed that the piano had been delivered to the defendant upon representations made by him that he owned a farm, and that it had been paid for. Shortly after the purchase of the piano, defendant confessed judgment to his…

1Opinion of the Court

Opinion by

William W. Pouter, J.,

This action is in replevin. The chattel taken under the writ was replaced by the bond filed by the defendant. The question to be determined was whether the plaintiff was entitled to the possession of the piano taken under his writ. If he had such right his damages would be measured by the value of the chattel at the time of its seizure under the writ.

The defendant is a farmer living about seven miles from Lancaster. The plaintiff is a dealer in musical instruments in that city. In the latter part of August, 1893, the defendant selected, in the plaintiff’s…

2Cases cited3 opinions

  1. Bughman v. Central BankSupreme Court of Pennsylvania · 1893
  2. Wilson v. GraySupreme Court of Pennsylvania · 1839
  3. Levy v. CookeSupreme Court of Pennsylvania · 1891

3Cited by5 opinions

  1. Duroth Manufacturing Co. v. CauffielSupreme Court of Pennsylvania · 1914
  2. Central Transport, LLC v. Atlas Towing, Inc.District Court, E.D. Pennsylvania · 2012
  3. Robinson v. Tool-O-Matic, Inc.Superior Court of Pennsylvania · 1970
  4. North v. GatelySuperior Court of Pennsylvania · 1914
  5. Robinson v. Tool-O-Matic, Inc.Superior Court of Pennsylvania · 1970

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