Lester v. McDowell
Supreme Court of Pennsylvania
Error to the Common Pleas of Brie county. This was an action of replevin brought by Lester, Sennett, and Chester, against A. S. McDowell, for 1000 bushels of rye.
Read the full summary
Error to the Common Pleas of Brie county. This was an action of replevin brought by Lester, Sennett, and Chester, against A. S. McDowell, for 1000 bushels of rye. Lester, Sennett, and Chester, on the 22d day of May, A. d. 1847, contracted with William Gibson for 1000 bushels of rye, then at the store of said Gibson, in Jamestown, Mercer county, to be delivered by the said Gibson in a warehouse in Owerytown, alias Adamsville, in Crawford county, within ten days from the making of' said agreement (free of charge), at the price of 40 cents per bushel, to be paid for in a note payable at the Erie…
1Opinion of the Court
The opinion of the Court was delivered by
Chambers, J.
The errors assigned are to the charge of thé Court below; and though a number of points were presented by both parties to the Court for their opinion, yet but few questions of law arose on the evidence or require the notice of this Court. The action is replevin by the plaintiffs to replevy a quantity of *94rye iti the actual possession of the defendant. It was incumbent-on the plaintiffs to show in themselves either a general or special property in the grain demanded, as well as the right of possession.-
The plaintiffs, in support of their…
2Cited by4 opinions
- McFarland-Meade Co. v. DoakSuperior Court of Pennsylvania · 1916
- Brown v. ReberSuperior Court of Pennsylvania · 1906
- Woolsey v. Axton & SonSupreme Court of Pennsylvania · 1899
- Wheeler v. Payne, Pennsylvania Court of Common Pleas, Crawford County1921