Barnett v. Fein
Superior Court of Pennsylvania
Appeal, No. 151, Oct. T., 1909, by defendants, from order of C. P. No. 3, March T., 1909, No. 3,941, mailing absolute rule for judgment for want of a sufficient affidavit of defense in case of William Barnett et ah, trading as William Barnett & Sons, v. Charles Fein and William I. Greenfield. Replevin to recover certain machinery. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 151, Oct. T., 1909, by defendants, from order of C. P. No. 3, March T., 1909, No. 3,941, mailing absolute rule for judgment for want of a sufficient affidavit of defense in case of William Barnett et ah, trading as William Barnett & Sons, v. Charles Fein and William I. Greenfield. Replevin to recover certain machinery. Rule for judgment for want of a sufficient affidavit of defense. Before McMichael, P. J., and von Moschzisker, J. The opinion of the Superior Court states the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of replevin. The plaintiffs’ declaration sets forth that they own certain laundry machinery in their business as manufacturers thereof; that by lease dated September 10, 1908, the plaintiffs leased these chattels to one Constantine Dellas. A copy of the lease is attached to the plaintiff’s declaration as exhibit “A.” The affidavit of defense does not deny that this was a valid lease of the property. It is next averred that on November 30, 1908, Dellas, the lessee, assigned the lease to one Mike K. John with the consent of the plaintiffs and that Mike…
2Cases cited7 opinions
- Miller Piano Co. v. ParkerSupreme Court of Pennsylvania · 1893
- Jones v. WandsSuperior Court of Pennsylvania · 1896
- Wiley v. UmbelSupreme Court of Pennsylvania · 1946
- Heisley v. Economy Tool Manufacturing Co.Superior Court of Pennsylvania · 1907
- Cobb & Chase v. A. Deiches & Co.Superior Court of Pennsylvania · 1898
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3Cited by3 opinions
- Abel v. M. H. Pickering Co.Superior Court of Pennsylvania · 1914
- Groves v. LewisSuperior Court of Pennsylvania · 1913
- General Refrigerator & Store Fixture Co. v. Patterson, Pennsylvania Court of Common Pleas, Philadelphia County1952