Mack v. Holsopple

Citations

• 67 Pa. Super. 291
• 1917 Pa. Super. LEXIS 387

Syllabus

<p>Replevin — Ownership of automobile — Bailment.</p> <p>In an action of replevin to recover an automobile a verdict and judgment for the plaintiff will be sustained where the evidence tends to show that the plaintiff bought the automobile with his own money; that the carrier delivered the bill of lading for it to him; that the car was kept sometimes in his own garage, and sometimes in the garage of an automobile company of which the plaintiff was treasurer; and that the president of the corporation sold the car to the defendant without the plaintiff’s knowledge or consent. In such a case the mere fact that the car was used by the company, and the plaintiff was an officer thereof will not justify the court below in holding as a matter of law that plaintiff was precluded from questioning the effect of the sale by the president to the defendant.</p> <p>The title to personal property does not pass upon a sale by a custodian unless he possesses an .actual right, or the owner has permitted him to have an apparent fight to alienate.</p> <p>Where testimony as to the limitations of a bailment is in dispute, the question of the existence of the bailment is for the jury.</p>