Estey Co. v. Dick
Superior Court of Pennsylvania
Appeal, No, 175, Oct. T.,1909, by plaintiff, from order of C. P. No. 2, Phila. Co., March T., 1909, No. 3,581, discharging rdle for judgment for want of a sufficient affidavit of defense in case of Estey Company v. Mrs. George Dick and Columbia Storage Company. Replevin for a piano. The facts appear by the opinion of the Superior Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Head, J.,
It is not denied that the plaintiff was the lawful owner of the piano, to recover the possession of which this action of replevin was begun. Nor that Mrs. George Dick had obtained possession of it under a contract of bailment in which she stipulated that she would not “sell or hire the same or part with the possession thereof, or remove it from the premises now occupied by her at 325 Daly St., Phila., Pa.” Nor that in violation of her contract she, without the knowledge of the owner, removed from the premises, applied under a fictitious name to the appellee, and thus had…
2Cases cited11 opinions
- King v. RichardsSupreme Court of Pennsylvania · 1841
- Miller Piano Co. v. ParkerSupreme Court of Pennsylvania · 1893
- Steinman v. WilkinsSupreme Court of Pennsylvania · 1844
- Gilson v. GwinnMassachusetts Supreme Judicial Court · 1871
- Hosack v. WeaverSupreme Court of Pennsylvania · 1795
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3Cited by11 opinions
- Leitch v. Sanford Motor Truck Co.Supreme Court of Pennsylvania · 1924
- Associates Financial Services Co. v. O'DellSupreme Court of Pennsylvania · 1980
- Bankers' Commercial Security Co. v. BrennanSuperior Court of Pennsylvania · 1920
- Stern v. SicaSuperior Court of Pennsylvania · 1917
- Use v. Union Transfer Co.Supreme Court of Pennsylvania · 1921
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