Legal Opinion

Saxton v. Gemehl

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 149PublishedCited by 15 opinions

Appeal, No. 149, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia Co., May T., 1917, No. 610, for plaintiff in case tried by the court without a jury in suit of Edmund F. Saxton v. Camille Gemehl, trading as American Garage •& Machine Shop. Replevin for automobile. Before Crane, J. The facts are stated in the opinion of the Superior Court. The court found in favor of the plaintiff. Defendant appealed.

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Appeal, No. 149, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia Co., May T., 1917, No. 610, for plaintiff in case tried by the court without a jury in suit of Edmund F. Saxton v. Camille Gemehl, trading as American Garage •& Machine Shop. Replevin for automobile. Before Crane, J. The facts are stated in the opinion of the Superior Court. The court found in favor of the plaintiff. Defendant appealed. Error assigned, among others, was refusal to grant a new trial and refusal of defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Porter, J.,

This is an action of replevin for an automobile, which was delivered by the sheriff to the plaintiff, the defendant having elected not to file a counter bond. The defendant filed an answer admitting that the plaintiff was the owner of the automobile, but averring that the plaintiff had delivered the car to defendant under a bailment for storage, to be charged at the usual rates made by the defendant, which the plaintiff had agreed to pay and that during the period that the car remained in storage the defendant had at the request of the plaintiff made repairs upon the car…

2Cases cited5 opinions

  1. Hoover v. EplerSupreme Court of Pennsylvania · 1866
  2. Steinman v. WilkinsSupreme Court of Pennsylvania · 1844
  3. Macky v. DillingerSupreme Court of Pennsylvania · 1873
  4. Rodgers v. GrotheSupreme Court of Pennsylvania · 1868
  5. Yearsley v. GraySupreme Court of Pennsylvania · 1891

3Cited by15 opinions

  1. Associates Financial Services Co. v. O'DellSupreme Court of Pennsylvania · 1980
  2. Baranofsky v. WeissSuperior Court of Pennsylvania · 1935
  3. Wilson v. MalenockSuperior Court of Pennsylvania · 1937
  4. Associates Financial Services Co. v. O'DellSuperior Court of Pennsylvania · 1979
  5. Apartment Owners & Managers Committee of the State College Area Chamber of Commerce v. BrownSuperior Court of Pennsylvania · 1977

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