Bankers' Commercial Security Co. v. Brennan
Superior Court of Pennsylvania
Appeal, No. 66, Oct. T., 1920, by Emil Levy, from judgment of O. P. No. 1, Phila. County, Sept. T., 1919, No. 125, discharging rule to open judgment in the case of Bankers-Commercial Security Company, Inc., v. William Brennan and Emil Levy, trading as Gramm-Bernstein Motor Truck Company of Philadelphia, Intervening Defendant. Replevin for motortruck. Rule for judgment for want of a sufficient affidavit of defense and rule to open judgment.
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Appeal, No. 66, Oct. T., 1920, by Emil Levy, from judgment of O. P. No. 1, Phila. County, Sept. T., 1919, No. 125, discharging rule to open judgment in the case of Bankers-Commercial Security Company, Inc., v. William Brennan and Emil Levy, trading as Gramm-Bernstein Motor Truck Company of Philadelphia, Intervening Defendant. Replevin for motortruck. Rule for judgment for want of a sufficient affidavit of defense and rule to open judgment. Before Shoemaker, J. The facts are stated in the opinion of the Superior Court. The court made absolute the plaintiff’s rule for judgment for want of a…
1Opinion of the Court
Opinion by
Keller, J.,
This is an action of replevin for an automobile truck, upon which appellant, the intervening defendant, claims a lien by reason of work done by him upon it.
The plaintiff is the owner of the truck. It was left with the appellant for repairs by Brennan, the defendant in the action, who was in possession under a contract of lease or bailment with the right to purchase on certain terms, which were unperformed and in default at the time the writ issued. The .contract provided that the lessee was to keep the truck in good order and repair and surrender the same at the…
2Cases cited7 opinions
- Meyers v. BratespieceSupreme Court of Pennsylvania · 1896
- Small v. RobinsonSupreme Judicial Court of Maine · 1879
- Stern v. SicaSuperior Court of Pennsylvania · 1917
- Gilson v. GwinnMassachusetts Supreme Judicial Court · 1871
- M'Intyre v. CarverSupreme Court of Pennsylvania · 1841
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3Cited by15 opinions
- Leitch v. Sanford Motor Truck Co.Supreme Court of Pennsylvania · 1924
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- Associates Financial Services Co. v. O'DellSuperior Court of Pennsylvania · 1979
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