Legal Opinion

Commonwealth Finance Corp. v. Ferrero

Supreme Court of Pennsylvania

Decided February 14, 1921No. Appeal, No. 31PublishedCited by 13 opinions

Appeal, No. 31, Jan. T., 1921, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1919, No. 2657, discharging rule for judgment for want of sufficient affidavit of defense, in case of Commonwealth Finance Corporation, Inc., v. Manuel Ferrero and Guiseppe Sterti, trading as Ferrero & Sterti. Replevin to recover motor truck. Before Shoemaker, J. , The opinion of the Supreme Court states the facts. The court discharged the rule. Plaintiff appealed.

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Appeal, No. 31, Jan. T., 1921, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1919, No. 2657, discharging rule for judgment for want of sufficient affidavit of defense, in case of Commonwealth Finance Corporation, Inc., v. Manuel Ferrero and Guiseppe Sterti, trading as Ferrero & Sterti. Replevin to recover motor truck. Before Shoemaker, J. , The opinion of the Supreme Court states the facts. The court discharged the rule. Plaintiff appealed. Error assigned was above order, quoting it.

1Opinion of the Court

Per Curiam,

Plaintiff leased to defendants a motor truck. The lease required monthly payments of $164.51 each, until the amount of $2,665.04 had been paid, at which time the truck would become the property of defendants. Plaintiff alleged default in these payments and issued a writ of replevin to recover the property. In answer to the statement of claim the affidavit of defense denied default and set up irregular payments, on account of the agreement, of various amounts aggregating a greater sum than was due under the lease at the time the writ of replevin was issued and averred these sums…

2Cases cited2 opinions

  1. Kidder Elevator Interlock Co. v. MuckleSupreme Court of Pennsylvania · 1901
  2. Wilson v. Bryn Mawr Trust Co.Supreme Court of Pennsylvania · 1909

3Cited by13 opinions

  1. Rhodes v. TerheydenSupreme Court of Pennsylvania · 1922
  2. Franklin Sugar Refining Co. v. Lykens Mercantile Co.Supreme Court of Pennsylvania · 1922
  3. Rudman Et Ux. v. City of ScrantonSuperior Court of Pennsylvania · 1934
  4. United Mercantile Agencies v. SlotskySuperior Court of Pennsylvania · 1932
  5. Aultman v. PittsburghSupreme Court of Pennsylvania · 1937

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