Wetherill v. Gallagher
Supreme Court of Pennsylvania
Appeal, No. 7, Jan T., 1907, by defendants, from decree of C. P. No. 5, Phila. Co., June T., 1904, No. 3,922, on bill in equity in case of Robert Wetherill and Richard Wetherill, copartners, trading as Robert Wetherill & Company, v. Francis G. Gallagher, S. Arthur Love, Emma R. M. Love, Fidelity Trust Company, surviving executors of the will of Henry Gibson, deceased, Downing Paper Company and James I. Linea weaver, Trustee in Bankruptcy of The Downing Paper Company.
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Appeal, No. 7, Jan T., 1907, by defendants, from decree of C. P. No. 5, Phila. Co., June T., 1904, No. 3,922, on bill in equity in case of Robert Wetherill and Richard Wetherill, copartners, trading as Robert Wetherill & Company, v. Francis G. Gallagher, S. Arthur Love, Emma R. M. Love, Fidelity Trust Company, surviving executors of the will of Henry Gibson, deceased, Downing Paper Company and James I. Linea weaver, Trustee in Bankruptcy of The Downing Paper Company. Bill in equity for an injunction. Martin, P. J., found the facts to be as follows: BINDINGS OB BAOT. On March 25, 1902, Francis…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Notwithstanding the numerous assignments of error and the very elaborate brief of the learned counsel for the appellant, he has discussed the law involved in the case under two heads. The trial judge has found and stated the material facts in his adjudication, and on those facts the decree may well be affirmed.
*6411. Under all our authorities, the contract between the plaintiffs and The Downing Paper Company was a bailment of the boilers and they continued to be the personal property of the plaintiffs. They were trade fixtures and such as a tenant may remove during…
2Cases cited1 opinion
- Hey v. BrunerSupreme Court of Pennsylvania · 1869
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- Weidman v. RiekerSuperior Court of Pennsylvania · 1910
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