Pittsburgh National Bank of Commerce v. Hall
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term, 1884, No. 160. Debt, by John Hall for use of E. K. Hyndman and Daniel Kaine against the Pittsburgh National Bank of Commerce, upon a replevin bond given by said defendants to Hall, U. S. Marshal for the .Western District of Pennsylvania. The narr., as originally filed, assigned but one breach, viz.: the failure of the plaintiffs in the replevin to prosecute their action with effect.
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Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term, 1884, No. 160. Debt, by John Hall for use of E. K. Hyndman and Daniel Kaine against the Pittsburgh National Bank of Commerce, upon a replevin bond given by said defendants to Hall, U. S. Marshal for the .Western District of Pennsylvania. The narr., as originally filed, assigned but one breach, viz.: the failure of the plaintiffs in the replevin to prosecute their action with effect. Pleas, nil debet, payment, set-off, non est factum, and a special plea that the goods had been returned. Upon the trial,…
1Opinion of the CourtJustice Green
The learned court below, in a very lucid and impartial charge, submitted to the jury'the question whether the defendant had returned possession of the goods in question to the plaintiffs, and the jury found they had not. The only portion of the charge excepted to, relative to this subject, is that which is covered by the fifth assignment, and the practical character of the complaint is that the court did not hold the letter of Mr. Lazear to be a sufficient surrender of the property. The court did say to the jury that the letter would have been sufficient if the goods were in possession of the…
2Cases cited2 opinions
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- Clements v. DempseySuperior Court of Pennsylvania · 1898
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