Cunin v. Ehrlich

Martin, P. J.,

Plaintiff made a conditional sale of machinery to defendant Maurice M. Ehrlich and delivered the machinery to him on the premises No. 139 North Third Street, rented from defendant A. C. Hering. The rent being in arrears, the constable, Jacob Werner, made a levy June 22, 1927, under authority of a landlord’s warrant signed by Hering.

Plaintiff filed a bond, and, on July 1, 1927, issued a writ of replevin. The sheriff delivered the machinery to him.

A declaration was filed averring that the machinery was in the possession of Maurice M. Ehrlich under the terms of a conditional sale…