Use v. Union Transfer Co.
Supreme Court of Pennsylvania
Appeal, No. 191, Jan. T., 1921, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1919, No. 2897, discharging rule for judgment for want of sufficient affidavit of defense, in case of the White Company, to use of the White Motor Co. v. Union Transfer Co., defendant, and Joseph S. McCulloch, trustee for Union Transfer Co., Amelia B. Fletcher, Gustavus B. Fletcher, Edward C. B. Fletcher and Beam Fletcher Tr^nspprtatipp Co., intervening defendants, Replevin for two…
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Appeal, No. 191, Jan. T., 1921, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1919, No. 2897, discharging rule for judgment for want of sufficient affidavit of defense, in case of the White Company, to use of the White Motor Co. v. Union Transfer Co., defendant, and Joseph S. McCulloch, trustee for Union Transfer Co., Amelia B. Fletcher, Gustavus B. Fletcher, Edward C. B. Fletcher and Beam Fletcher Tr^nspprtatipp Co., intervening defendants, Replevin for two motor trucks. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The court discharged a rule for…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This is an appeal from an order discharging a rule for judgment for want of sufficient affidavit of defense in an action of replevin. Two motor trucks, valued at $10,875.50, held under bailment leases, were seized. This entire amount, with interest, had been paid according to the terms of the bailment, except $37.20, interest, and the dollar on each lease necessary to- pass title at the end of the term, and, because of this, the action was brought.
The bailor can recover only, by showing right of possession, arising through some breach of the contract. “In an…
2Cases cited3 opinions
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- Leitch v. Sanford Motor Truck Co.Supreme Court of Pennsylvania · 1924
- Blossom Products Corp. v. National Underwear Co.Supreme Court of Pennsylvania · 1937
- McKee, Tr. v. WardSupreme Court of Pennsylvania · 1927
- Automobile Banking Corp. v. Atlas Automobile Finance Corp.Superior Court of Pennsylvania · 1937
- Central Transport, LLC v. Atlas Towing, Inc.District Court, E.D. Pennsylvania · 2012
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