Bush v. Bender
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county : Of January Term, 1886, No. 42. This was an action of replevin, brought by George D. Bender against Matthias Bush to recover possession of three horses valued at $855. Pleas, non cepit and property. The following are the facts of the case as they appeared on the trial. On February 3d, 1883, Geo.
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Error to the Court of Common Pleas of Lancaster county : Of January Term, 1886, No. 42. This was an action of replevin, brought by George D. Bender against Matthias Bush to recover possession of three horses valued at $855. Pleas, non cepit and property. The following are the facts of the case as they appeared on the trial. On February 3d, 1883, Geo. D. Bender, a farmer, living in the vicinity of New Holland, Lancaster county, Pa., was called upon at his place’by Matthias Bush, a dealer in horses, who purchased from him three horses for the sum of $355. Ten dollars was paid that day as…
1Per curiam
This was an attempt of the defendant below to get possession of the horses contrary to the manifest intent and spirit of the contract. He was not entitled to the possession until he paid for them. The ingenious device to which he resorted to compel the application of the value of the horses on the notes which he held against the other party, cannot receive the sanction of law. Having given bond in this action of replevin and retained the horses, on the right being found against him, the further finding was an assessment of damages. In fixing on this amount it was proper for the jury to take…
2Cited by1 opinion
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