Legal Opinion

National Cash Register Co. v. Cochran

Superior Court of Pennsylvania

Decided April 20, 1903No. Appeal, No. 13PublishedCited by 12 opinions

Appeal, No. 13, Feb. T., 1903, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1901, No. 138, on verdict for defendant in case of National Cash Register Company v. D. A. Cocbran. Replevin for a cash register. Before Hart, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 13, Feb. T., 1903, by plaintiff, from judgment of C. P. Lycoming Co., Sept. T., 1901, No. 138, on verdict for defendant in case of National Cash Register Company v. D. A. Cocbran. Replevin for a cash register. Before Hart, P. J. The facts are stated in the opinion of the Superior Court. At the trial the following offer was made by defendant’s counsel: Mr. Reilly: Defendant proposes to prove by the witness on the stand that he is the defendant in this suit; that sometime in 1890 the defendant ordered from the National Cash Register Company a cash register which was specially made…

1Opinion of the Court

Opinion by

Mobbison, J.,

This was an action of replevin brought July 10, 1901, by the plaintiff to recover a cash register numbered 176,432, manufactured by the plaintiff and delivered by it July 27, 1899, to George C. Tomb on a contract of bailment. This contract is dated July 27, 1899, signed by George C. Tomb. Upon the face of the contract and all the evidence in the case there is no question but the transaction in regard to the cash register was purely one of bailment. This contract provided that in case of the default of the bailee, Tomb, to comply with its terms the bailor might…

2Cases cited5 opinions

  1. Fairman v. FluckSupreme Court of Pennsylvania · 1836
  2. Macky v. DillingerSupreme Court of Pennsylvania · 1873
  3. Heilman v. McKinstrySuperior Court of Pennsylvania · 1901
  4. Peterson v. HaightSupreme Court of Pennsylvania · 1838
  5. Green & Sons v. BauerSuperior Court of Pennsylvania · 1900

3Cited by12 opinions

  1. Gaspero v. GentileSuperior Court of Pennsylvania · 1946
  2. Hall's Safe Co. v. WalenkSuperior Court of Pennsylvania · 1910
  3. C. H. Hardy Auto Co. v. PoseySuperior Court of Pennsylvania · 1912
  4. Holland Furnace Co. v. BirdWyoming Supreme Court · 1933
  5. Heisley v. Economy Tool Manufacturing Co.Superior Court of Pennsylvania · 1907

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