Crist v. Kleber
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 133. This was an action of replevin, brought July 3d 1874 by Henry Kleber and Augustus Kleber, trading as H. Kleber & Brother, against S. J. Crist, for a piano, stool and cover. The defendant gave a claim property bond and retained the goods.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1875, No. 133. This was an action of replevin, brought July 3d 1874 by Henry Kleber and Augustus Kleber, trading as H. Kleber & Brother, against S. J. Crist, for a piano, stool and cover. The defendant gave a claim property bond and retained the goods. The plaintiffs’ affidavit of claim was, that being the owner of the piano, stool and cover they entered into an agreement with one James Wilson to rent him the piano, &c. for the quarterly rent of $35. The agreement was'dated July 12th 1873 ; in…
1Opinion of the Court
Judgment was entered in the Supreme Court October 25th Í875,
2Per curiam
The lease of the piano was a continuing lease, to be terminated only at the option of the plaintiffs if the rent should be unpaid. No offer was made to show that the lease had been terminated and the piano suffered to remain in the hands of Wilson, the lessee, as his property. His declarations of property, or the acts of other parties in attempting to treat the piano as his, could not, therefore, affect his lessors. The property remained in bailment and consequently was not liable to a sale for payment of his debts, or for taxes.…
3Cited by11 opinions
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- Heisley v. Economy Tool Manufacturing Co.Superior Court of Pennsylvania · 1907
- National Cash Register Co. v. ShurberSuperior Court of Pennsylvania · 1909
- Ferguson v. LautersteinSupreme Court of Pennsylvania · 1894
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