McKim v. Burke
Superior Court of Pennsylvania
Appeal, No. 8, April T., 1914, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1910, No. 41, on verdict for plaintiff in case of Samuel McKim v. Benjamin Burke. Replevin for chairs and scenery in a theater. Before Brown, J. The court below found the facts to be as follows: This, is an action by Samuel McKim, plaintiff, against Benjamin Burke, defendant, to recover drop curtains and 550 chairs.
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Appeal, No. 8, April T., 1914, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1910, No. 41, on verdict for plaintiff in case of Samuel McKim v. Benjamin Burke. Replevin for chairs and scenery in a theater. Before Brown, J. The court below found the facts to be as follows: This, is an action by Samuel McKim, plaintiff, against Benjamin Burke, defendant, to recover drop curtains and 550 chairs. Both claim title by sheriff’s sales upon executions against the Bessemer Amusement Company— plaintiff by sale of July 16, 1909, defendant by sale of September 13, 1909. 1. In 1907,…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff purchased at sheriff’s sale the chairs and scenery curtains which are the subject of the replevin. They were used in a building erected by the Bessemer Amusement Company which maintained a “Nickolodeon” or theater and a billiard room in the premises. The building was erected by the amusement company on a leasehold acquired from Jesse McCune and wife by Israel Rosenbloom in 1907, and assigned by the latter to the amusement company. The chairs and curtains were of a general style in common use at that time in such places. The chairs were fastened to the…
2Cases cited6 opinions
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Hill v. SewaldSupreme Court of Pennsylvania · 1867
- Radey v. McCurdySupreme Court of Pennsylvania · 1904
- Donnelly v. Frick & Lindsay Co.Supreme Court of Pennsylvania · 1904
- Coleman v. LewisSupreme Court of Pennsylvania · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Prudential Insurance Co. of America v. KaplanSupreme Court of Pennsylvania · 1938
- Copley v. Stewart, Pennsylvania Court of Common Pleas, Armstrong County1930
- Marx v. Perrus, Pennsylvania Court of Common Pleas, Westmoreland County1927
- Renaund v. Agresti, Pennsylvania Court of Common Pleas, Erie County1981