North v. Gately

Citations

• 56 Pa. Super. 267
• 1914 Pa. Super. LEXIS 76

Syllabus

<p>Replevin — Affidavit of defense — Husband and wife — Lease of piano.</p> <p>In an action of replevin against a husband to recover a piano alleged to have been leased to the husband, an affidavit of defense is sufficient which avers that the piano was the property of defendant’s wife, that she obtained title to it from the plaintiff under a contract in writing in part and in parol in part, that the terms of such contract had been complied with, that no right of property existed in plaintiff, and that the lease had been obtained from the defendant while he was intoxicated and without regard to the pre-existing right of his wife to the same piano.</p>