Legal Opinion

Collings Tailor Co. v. Appenzellar

Superior Court of Pennsylvania

Decided April 18, 1910No. Appeal, No. 233Published

Appeal, No. 233, Oct. T., 1908, by plaintiff, from order of C. P. Franklin Co., April T., 1908, No. 19, discharging rule for judgment for want of a sufficient affidavit of defense in case of the Collings Tailor Company v. W. 0. Appenzellar and E. 0. Smiley, receiver of the Chambers-burg Woolen Company. Replevin to recover goods sold and delivered to the Chambersburg Woolen Company. Rule for judgment for want of a sufficient affidavit of dc^ fense.

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Appeal, No. 233, Oct. T., 1908, by plaintiff, from order of C. P. Franklin Co., April T., 1908, No. 19, discharging rule for judgment for want of a sufficient affidavit of defense in case of the Collings Tailor Company v. W. 0. Appenzellar and E. 0. Smiley, receiver of the Chambers-burg Woolen Company. Replevin to recover goods sold and delivered to the Chambersburg Woolen Company. Rule for judgment for want of a sufficient affidavit of dc^ fense. Before Gillan, P. J. The facts appear by the opinion of the Superior Court. Error assigned was order discharging rule for judgment for want of a…

1Opinion of the Court

Opinion by

Rice, P. J.,

This action of replevin was brought by the seller of goods against the receivers of an insolvent corporation, the buyer, to recover the goods after they had been delivered to the corporation and had passed into the control of the receivers. The following facts are not now in dispute: On December 20, 1907, the Chambersburg Woolen Company ordered from the plaintiff, doing business in Ohio, goods to be delivered f. o. b. cars Chambersburg. The plaintiff accepted the order, shipped the goods on December 31, and on January 6, 1908, they were delivered by the railroad company…

2Cases cited5 opinions

  1. Smith v. Smith, Murphy, & Co.Supreme Court of Pennsylvania · 1853
  2. Bughman v. Central BankSupreme Court of Pennsylvania · 1893
  3. Mitchell v. WordenNew York Supreme Court · 1855
  4. Claster Bros. v. KatzSuperior Court of Pennsylvania · 1898
  5. Reed v. FelmleeSuperior Court of Pennsylvania · 1904

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