Coyle v. Schrull
Superior Court of Pennsylvania
Appeal, No. 225, Oct. T., 1911, by plaintiff, from order of C. P. No. 5, Phila. Co., June T., 1911,. No. 710, discharging rule for judgment for want of a sufficient affidavit of defense in case of John J. Coyle v. David Schrull and George Kelly. Assumpsit for failure to keep safely an automobile left in storage. The opinion of the Superior Court states the case. Error assigned was order discharging judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff’s statement of claim in this action of as*388sumpsit alleges that part of the defendants’ business was the storing of automobiles, and that he delivered to them his automobile, upon their promise, in consideration of the monthly charge which he agreed to pay, to take due care of and securely keep the automobile for the plaintiff and redeliver it to him when they should be requested. The statement further alleges that the automobile had securely attached to it a shoe and cover thereof of the value of $46.00, and that the defendants, not regarding their promise,…
2Cases cited3 opinions
- Corry v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
- Commonwealth v. MilnorSuperior Court of Pennsylvania · 1903
- Southern Steamship Co. v. HullSuperior Court of Pennsylvania · 1911
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- Nock v. Coca Cola Bot. Wks. Pgh.Superior Court of Pennsylvania · 1931
- Platt v. PhiladelphiaSuperior Court of Pennsylvania · 1957
- Webber v. Federal Reserve BankPennylvania Municipal Court, Philadelphia County · 1931