Hollander Brothers Drug Co v. American Surety Co.
Superior Court of Pennsylvania
Appeal, No. 111, April T., 1911, by plaintiff, from order of C. P. No. 2, Allegheny Co., April T., 1910, No. 671, discharging rule for judgment for want of a sufficient affidavit of defense in case of Hollander Brothers Drug Company v. American Surety Company and M. W. Alberty. Replevin to recover United States notes,- bank notes and check. Before Shaper, J. Both defendants filed affidavits of defense.
Read the full summary
Appeal, No. 111, April T., 1911, by plaintiff, from order of C. P. No. 2, Allegheny Co., April T., 1910, No. 671, discharging rule for judgment for want of a sufficient affidavit of defense in case of Hollander Brothers Drug Company v. American Surety Company and M. W. Alberty. Replevin to recover United States notes,- bank notes and check. Before Shaper, J. Both defendants filed affidavits of defense. The statement of claim was as follows: Prior to October 25,1909, the defendant, M. W. Alberty, had been employed by the plaintiff as its agent or solicitor for the sale of certain goods and for…
1Opinion of the Court
Opinion by
Oklady, J.,
This action of replevin was brought by the plaintiff to recover from the defendant, M. W. Alberty, $316.50. The statement of claim alleges that the defendant “as the agent or solicitor of the plaintiff for the sale of certain goods and for the collection of its accounts, received certain bank bills of the denomination and number as stated in an attached exhibit, which had been collected by him from customers of the plaintiff who were indebted to it, and *408which bills and notes were the property of the plaintiff.” In addition to the enumerated money there was a check for…
2Cases cited4 opinions
- Drumgoole v. LyleSuperior Court of Pennsylvania · 1906
- Hall's Safe Co. v. WalenkSuperior Court of Pennsylvania · 1910
- Miller v. JacksonSupreme Court of Pennsylvania · 1907
- Swope v. CrawfordSuperior Court of Pennsylvania · 1901
3Cited by5 opinions
- Asure v. HankeleSuperior Court of Pennsylvania · 1919
- Automobile Banking Corp. v. Mentzer, Pennsylvania Court of Common Pleas, Lancaster County1930
- Fisher v. Burkholder, Pennsylvania Court of Common Pleas, Lancaster County1941
- Hastings v. Neely, Pennsylvania Court of Common Pleas, Venango County1938
- Travelers Hotel Co. v. Yorke, Pennsylvania Court of Common Pleas, Bucks County1928