Liveright v. Thornton

Citations

• 56 Pa. Super. 611
• 1914 Pa. Super. LEXIS 128

Syllabus

<p>Replevin — Bailment—Set-off—Affidavit of defense — Payment.</p> <p>• 1. In an action of replevin for goods which had been delivered by the plaintiff to the defendant under a bailment and retaken by the plaintiff for default of weekly installments of rental, the defendant cannot set off an overpayment on another and entirely distinct transaction.</p> <p>2. An affidavit of defense averring payment is insufficient where it does not state how and when the payment was made.</p>