Cobb & Chase v. A. Deiches & Co.
Superior Court of Pennsylvania
Appeal, No. 22, Feb. T., 1898, by plaintiff, from judgment of C. P. Potter Co., March T., 1896, No. 33, on verdict for defendant. Replevin. Before Olmsted, P. J. The following facts appear from the evidence on the trial as recited in the opinion of the court below refusing to show cause why a new trial should not be granted.
Read the full summary
Appeal, No. 22, Feb. T., 1898, by plaintiff, from judgment of C. P. Potter Co., March T., 1896, No. 33, on verdict for defendant. Replevin. Before Olmsted, P. J. The following facts appear from the evidence on the trial as recited in the opinion of the court below refusing to show cause why a new trial should not be granted. On- the 20th day of November, 1894, the plaintiffs entered into an agreement with one William Hicks, by the terms of which they leased a pair of horses and a harness to said Hicks for the term of eleven months, the said Hicks agreeing to pay the plaintiffs the sum of…
1Opinion of the Court
Opinion by
Porter, J.,
We are of opinion that the written agreement upon which this case arises is a bailment for use, and not a conditional sale of the chattels described therein. So clear is this proposition that we are impelled neither by necessity nor inclination to demonstrate it by a review of the many reported cases.
The only provision in the agreement which is perhaps not usual, is that the lessee shall be liable in case of injury to, or death of, the animals leased. In Rowe v. Sharp, 51 Pa. 26, the lessee agreed to keep the goods insured. The Supreme Court did not regard this feature of…
2Cases cited3 opinions
- Edwards v. StranghellanSupreme Court of Pennsylvania · 1884
- Jones v. WandsSuperior Court of Pennsylvania · 1896
- Rowe v. SharpSupreme Court of Pennsylvania · 1865
3Cited by7 opinions
- American Laundry MacHinery Co. v. Miners Trust Co.Supreme Court of Pennsylvania · 1932
- Barnett v. FeinSuperior Court of Pennsylvania · 1909
- Potter v. N. Stetson & Co.Superior Court of Pennsylvania · 1899
- Abel v. M. H. Pickering Co.Superior Court of Pennsylvania · 1914
- General Refrigerator & Store Fixture Co. v. Patterson, Pennsylvania Court of Common Pleas, Philadelphia County1952
2 more not listed; retrieve them via the Exa API.