Gunzburger v. Rosenthal
Supreme Court of Pennsylvania
Appeal, No. 15, Oct. T., 1909, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 556, on verdict for plaintiff in case of Max Gunzburger v. Miles Rosenthal. Trespass in the nature of trover to recover damages for the conversion of goods delivered by plaintiff to defendant. Before Carnahan, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 15, Oct. T., 1909, by defendant, from judgment of C. P. No. 4, Allegheny Co., Fourth Term, 1907, No. 556, on verdict for plaintiff in case of Max Gunzburger v. Miles Rosenthal. Trespass in the nature of trover to recover damages for the conversion of goods delivered by plaintiff to defendant. Before Carnahan, P. J. The facts appear by the opinion of the Supreme Court. At the trial the defendant presented the following points: 1. If the jury find from the evidence that the plaintiff, Max Gunzburger, had not the right of possession to the goods in question at the time of the…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of trespass brought to recover the value of certain jewelry which plaintiff alleged had been unlawfully converted by the defendant to his use, and to which plaintiff claimed the right of possession as bailee of the owner. The cause of action being the alleged wrongful conversion of the jewelry which had come lawfully into the hands of the defendant, the rules governing the common-law action of trover and conversion apply. Counsel for both parties concede this in their agreement. The testimony of the plaintiff was to the effect that the goods…
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