Hand v. Matthews
Supreme Court of Pennsylvania
Appeal, No. 78, Jan. T., 1908, by plaintiffs, from order of C. P. No. 4, Phila. Co., March T., 1890, No. 177, refusing to take off nonsuit in case of Henry J. Hand et al. v. Edward Matthews et al, Trustees. Replevin to recover certain fixtures, tools and machinery.
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Appeal, No. 78, Jan. T., 1908, by plaintiffs, from order of C. P. No. 4, Phila. Co., March T., 1890, No. 177, refusing to take off nonsuit in case of Henry J. Hand et al. v. Edward Matthews et al, Trustees. Replevin to recover certain fixtures, tools and machinery. Before Willson, J. At the trial when Edward H. Burr was put on the stand, the following offer was made: Mr. Weaver: I propose to prove that on December 19,1889, James A. Freeman & Company, the auctioneers, sold, at the request of the defendants, the personal property set forth in the writ of replevin in this case ; that the…
1Opinion of the Court
Opinion by
Mb,. Justice Potteb,
This was an action of replevin to recover possession of certain machinery, fixtures and other goods and chattels. The *154plaintiffs were the surviving and liquidating partners of the fiz-m of James C. Hand & Company, and the defendants were trustees appointed under the provisioizs of the act of assembly to wind up the joint stock association of the Barrows-Savery Company, Limited. .
Upon the trial the plaintiffs offered to prove the following facts: That on December 19, 1889, the defendants offered at public sale the personal property set forth in the writ of…
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