Hewitt v. Democratic Publishing Co.

Citations

• 260 Pa. 59
• 103 A. 499
• 1918 Pa. LEXIS 467

Syllabus

<p>Replevin — Machines—Title — Innocent purchaser— Conflicting evidence — -Unreliable testimony for defendant — Remedy — Judgment for plaintiff n. o. v. — New trial — Case for jury.</p> <p>1. Where in an action of replevin for.a machine, which had been sold by plaintiff to a third person in New York, under an agreement by which the purchase-money was secured by a series of notes and a chattel mortgage, authorizing the plaintiff to retake the machine upon default, and thereafter defendant acquired possession of the machine by purchase from certain individuals deriving title from such third person, but where the evidence was conflicting as to whether the last individual’purchasers acted for themselves or as representatives of the defendant, and whether these parties had knowledge of the terms of the original sale by the plaintiff, the case was for the jury, and the jury having found in favor of the defendant, it was error for the lower court to enter judgment for plaintiff n. o. v.</p> <p>2. It is error for the court to enter judgment for plaintiff n. o. v. on the ground that the material parts of defendant’s testimony is unworthy of belief; the proper remedy is a new trial.</p> <p>Practice, C. P. — Practice, Supreme Court — Judgment n. o. v.— Pending motion for new trial.</p> <p>3. Where in such case a motion for a new trial was pending at the time of the entry of the judgment, and the lower court entered judgment without prejudice to a further application for a new trial, in case it should be decided by the appellate court that the entry of judgment was erroneous, the Supreme Court remitted the</p> <p>record with directions to dispose of the motion for a new trial, and, if the new trial should be refused, then to enter judgment on the verdict.</p>