Legal Opinion

Star Drilling Machine Co. v. Richards

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeal, No. 165PublishedCited by 5 opinions

Appeal, No. 165, Oct. T., 1921, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1920, No. 508, on verdict for plaintiff, in case of Star Drilling Machine Co. v. H. E. Richards. Assumpsit on promissory note. Before Carpenter, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,942.17. Defendant appealed.

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Appeal, No. 165, Oct. T., 1921, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1920, No. 508, on verdict for plaintiff, in case of Star Drilling Machine Co. v. H. E. Richards. Assumpsit on promissory note. Before Carpenter, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,942.17. Defendant appealed. Errors assigned, among others, were (1) refusal of binding instructions for defendant, and (3) refusal of judgment for defendant n. o. v., quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Plaintiffs leased to three persons, trading as the West Penn Drilling Company, certain machinery, for which the firm agreed to pay part in cash and the balance in installments; the agreement further providing that, if default was made as to any of the payments, plaintiffs “might repossess themselves of [the machinery] without process of law, or let or hindrance from the bailee, as though these presents had never been made,...... and whenever such payments shall amount to the sum above stated, the bailee......may elect to become the owner of the personal property…

2Cases cited5 opinions

  1. Seanor & Bierer v. McLaughlinSupreme Court of Pennsylvania · 1895
  2. Kelley Springfield Road Roller Co. v. SchlimmeSupreme Court of Pennsylvania · 1908
  3. Campbell etc. Co. v. HickokSupreme Court of Pennsylvania · 1891
  4. Union National Bank v. Farmers & Mechanics National BankSupreme Court of Pennsylvania · 1921
  5. Beam v. Punxsutawney Playground Assn.Superior Court of Pennsylvania · 1923

3Cited by5 opinions

  1. Auto Security Co. v. CanelliSuperior Court of Pennsylvania · 1922
  2. Southwestern Truck Sales and Rental Co. v. JohnsonNebraska Supreme Court · 1957
  3. In re Orpheum Circuit, Inc.District Court, S.D. New York · 1938
  4. Scull v. ReileySupreme Court of Pennsylvania · 1940
  5. Scull v. ReileySupreme Court of Pennsylvania · 1940

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