Hyde v. Kiehl
Supreme Court of Pennsylvania
Appeal, No. 57, Oct. T., 1897, by defendant, from judgment of G. P. Clarion Co., on verdict for plaintiffs. Trespass for an alleged wrongful sale of plaintiffs’ property. Before Rayburn, P. J., of the 83d judicial district, specially presiding. The facts appear by the opinion of the Supreme Court, and by the charge of the court below, which was in part as follows : The plaintiff in this case is the Portland Lumber Company and the defendant is Jesse Kiehl.
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Appeal, No. 57, Oct. T., 1897, by defendant, from judgment of G. P. Clarion Co., on verdict for plaintiffs. Trespass for an alleged wrongful sale of plaintiffs’ property. Before Rayburn, P. J., of the 83d judicial district, specially presiding. The facts appear by the opinion of the Supreme Court, and by the charge of the court below, which was in part as follows : The plaintiff in this case is the Portland Lumber Company and the defendant is Jesse Kiehl. The subject in controversjr between tlie parties is five rafts of timber — one of small timber and four of large. These five rafts of…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
There is not much room for controversy over the law of delivery, or of waiver, as involved in this case, but appellant claims that the charge of the learned judge below so applied the law to the facts that the jury were misled. An examination of the charge as a connected whole fails to sustain the complaint. The expressions assigned for error, and perhaps some others, taken separately and apart from their context might seem to fail in giving due weight to the acts of the parties in regard to the first two rafts, as showing that they, or at least the plaintiffs,…
2Cases cited7 opinions
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- Edwards v. StranghellanSupreme Court of Pennsylvania · 1884
- Floyd v. BrowneSupreme Court of Pennsylvania · 1829
- Merrick's EstateSupreme Court of Pennsylvania · 1842
- Vetter's AppealSupreme Court of Pennsylvania · 1881
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3Cited by11 opinions
- Mortgage B. & L. Ass'n v. Van SciverSupreme Court of Pennsylvania · 1931
- Mitchell v. Kemp & Burpee Mfg. Co.Court of Appeals for the Third Circuit · 1915
- Siegel v. Netherlands Co.Superior Court of Pennsylvania · 1915
- Bank of America National Trust & Savings Ass'n v. RoccoCourt of Appeals for the Third Circuit · 1957
- Beattie v. McMullenSupreme Court of Connecticut · 1909
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