Reber v. Schroeder

Citations

• 221 Pa. 152
• 70 A. 556
• 1908 Pa. LEXIS 455

Syllabus

<p>Replevin — Evidence—Certificate of stock — Practice, C. P. — Verdict— Writ of retorno habendo — Judgment—Aci of April 19,1901, P. L. 88.</p> <p>■ In an action of replevin against an executor to recover certificates of stock, a verdict and judgment for plaintiff will be sustained where the evidence shows that the certificates were found in the decedent’s safe inclosed in a sealed envelope with a power of attorney transferring them to plaintiff, that indorsed on the envelope was a statement signed by decedent to the effect that the contents belonged to plaintiff, and were to be delivered to her at his death, and the plaintiff testifies that there had been a complete delivery of the shares to her by the decedent, and that she had placed them in his hands -for safe keeping.</p> <p>In an action of replevin, where the defendant has entered a claim property bond and retained possession of the property, a general verdict for plaintiff and judgment thereon entitles the plaintiff, since the Act of April, 19, 1901, P. L. 88, to a writ of retorno habendo, and this is the case although the jury failed to find the value of the property and damages for its detention.</p>