Legal Opinion

Bryfogle v. Fenstermaker

Pennsylvania Court of Common Pleas, Lehigh County

Decided September 20, 1954Published

1Opinion of the Court

Henninger, P. J.,

Plaintiff sued defendant in assumpsit for $1,535, balance due upon a bailment lease for a Plymouth automobile, which was destroyed in an accident. Defendant paid *472$100 on account of the bailment lease and accompanying note, but the record does not show whether that payment was made before or after the accident.

According to the sheriff’s return, the complaint was served upon defendant by the Sheriff of Lehigh County on October 28, 1953, by handing a true and attested copy thereof to Charles Fenstermaker, a brother of defendant and an adult member of defendant’s household, at…

2Cases cited5 opinions

  1. Howes v. ScottSupreme Court of Pennsylvania · 1909
  2. Boggs v. LevinSupreme Court of Pennsylvania · 1929
  3. Kusmaul v. StullSupreme Court of Pennsylvania · 1946
  4. Ehrenzeller v. ChubbSuperior Court of Pennsylvania · 1952
  5. Commonwealth v. Maryland Casualty Co.Supreme Court of Pennsylvania · 1952

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