Exler v. Wickes Bros.
Supreme Court of Pennsylvania
Appeal, No. 182, Oct. T., 1917, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1913, No. 244, on verdict for defendant in case of Joseph Exler v. Wickes Brothers. Trespass for the alleged unlawful removal of an engine from mortgaged premises. Before Carnahan, J. The court gave binding instructions for defendant. ■ Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
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Appeal, No. 182, Oct. T., 1917, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1913, No. 244, on verdict for defendant in case of Joseph Exler v. Wickes Brothers. Trespass for the alleged unlawful removal of an engine from mortgaged premises. Before Carnahan, J. The court gave binding instructions for defendant. ■ Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant. One not made party to a replevin suit to recover property in which he claims an interest, heed not intervene: Northwestern State Bank of Hay…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This action of trespass is by a mortgage creditor for damages resulting on account of the removal of an engine from the mortgaged premises. In 1906, the American Box Company of Etna, Pa., obtained a Corliss engine from Wickes Brothers, a corporation. The engine weighed 35,000 pounds and was fastened by bolts to a concrete foundation, so as to be removable without injury to itself or the building. In 1907 the company borrowed f20,000 from appellant, Joseph Exler, which was secured by a mortgage on the plant. In 1908 the American Box Company was adjudged a bankrupt…
2Cases cited8 opinions
- Stradley v. Bath Portland Cement Co.Supreme Court of Pennsylvania · 1910
- Rice v. BradenSupreme Court of Pennsylvania · 1914
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- Long v. Lebanon National BankSupreme Court of Pennsylvania · 1905
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3Cited by16 opinions
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