Legal Opinion

Reed v. Felmlee

Superior Court of Pennsylvania

Decided April 18, 1904No. Appeal, No. 2PublishedCited by 2 opinions

Appeal, No. 2, Feb. T., 1904, by plaintiff, from judgment of C. P. Clinton Co., Jan. T., 1898, No. 187, on verdict for defendant in case of William A. Reed v. O. F. Felmlee. Replevin for a buggy. Before Mayer, P. J. The opinion of the Superior Court states the case.

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Appeal, No. 2, Feb. T., 1904, by plaintiff, from judgment of C. P. Clinton Co., Jan. T., 1898, No. 187, on verdict for defendant in case of William A. Reed v. O. F. Felmlee. Replevin for a buggy. Before Mayer, P. J. The opinion of the Superior Court states the case. Plaintiffs presented the following points : 1. That if they believe, as testified by W. A. Reed, that he did not sell the buggy to Guy Reed, but gave it to him for the purpose of allowing him to try the buggy with a view of purchasing it, then no title passed to Guy Reed, and the alleged sale by him to Felmlee did not pass any…

1Opinion of the Court

Opinion by

Rice, P. J.,

This was an action of replevin for a buggy, which, according to the defendant’s allegations, the plaintiff sold and delivered to Guy Reed for $70.00 and the latter sold to the defendant. The plaintiff, on the other hand, contended that he did not sell the buggy to Guy Reed, but only delivered it to him on trial with a view to a possible sale. The testimony was conflicting, and in his general charge the learned judge submitted the question to the jury with appropriate instructions to which no exceptions have been taken. He was strictly accurate in saying in answer to…

2Cases cited4 opinions

  1. Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Robertson v. RobertsonSupreme Court of Pennsylvania · 1839
  3. Bughman v. Central BankSupreme Court of Pennsylvania · 1893
  4. Harner v. FisherSupreme Court of Pennsylvania · 1868

3Cited by2 opinions

  1. Collings Tailor Co. v. AppenzellarSuperior Court of Pennsylvania · 1910
  2. Penn Lumber Co. v. Hanover Bending & Manufacturing Co.Superior Court of Pennsylvania · 1929

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