Legal Opinion

Hewitt v. Democratic Publishing Co.

Supreme Court of Pennsylvania

Decided January 7, 1918No. Appeal, No. 169PublishedCited by 10 opinions

Appeal, No. 169, Oct. T., 1917, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1915, No. 603, for plaintiff n. o. v., in case of Erskine Hewitt, Receiver of the International Typesetting Machine Company, a corporation of New York, v. Democratic Publishing Company, a corporation. Replevin for a typesetting machine. Before Copeland, P. J. The opinion of the Supreme Court states the facts. Verdict for defendant.

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Appeal, No. 169, Oct. T., 1917, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1915, No. 603, for plaintiff n. o. v., in case of Erskine Hewitt, Receiver of the International Typesetting Machine Company, a corporation of New York, v. Democratic Publishing Company, a corporation. Replevin for a typesetting machine. Before Copeland, P. J. The opinion of the Supreme Court states the facts. Verdict for defendant. The court subsequently entered judgment for plaintiff n. o. v. Error assigned, among others, was in entering judgment for plaintiff n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

In this action of replevin the jury found for the defendant, but the court below entered judgment for plaintiff under the Act of April 22,1905, P. L. 286, and defendant has appealed.

The machine replevied was first purchased from the plaintiff corporation by one Morgan, the sale being made in New York; part of the purchase-money was paid in cash, and a series of notes given by the vendee for the balance, which was subsequently further secured by a *61chattel mortgage upon the personalty in question; Morgan then transferred the property to a man named Potts, who…

2Cases cited3 opinions

  1. Dalmas v. KembleSupreme Court of Pennsylvania · 1906
  2. Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
  3. Chambers v. Mesta Machine Co.Supreme Court of Pennsylvania · 1916

3Cited by10 opinions

  1. Hartig v. American Ice Co.Supreme Court of Pennsylvania · 1927
  2. Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
  3. Hewitt v. Democratic Publishing Co.Supreme Court of Pennsylvania · 1922
  4. Coleman v. Pittsburgh Coal Co.Superior Court of Pennsylvania · 1945
  5. Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920

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