Renner v. Stephens

Citations

• 76 Pa. Super. 596
• 1921 Pa. Super. LEXIS 195

Syllabus

<p>Replevin — Bailments—Sale by bailee — Right to recovery by bail- or — Case for jwry.</p> <p>In an action of replevin to recover an automobile, the case is for the jury, where the plaintiff has filed his statement averring ownership and the defendant, having retained the machine and given a bond, has filed an affidavit of defense alleging that he purchased the car from the plaintiff’s bailee, after the plaintiff had refused to pay a repair bill for which the bailee had a lien.</p> <p>In such case, an issue was raised for the jury, and it was error to quash the writ of replevin on the ground that the defendant was the bailee’s substitute and entitled to all his rights, including the lien for repairs.</p> <p>The plaintiff having filed his declaration and the defendant his affidavit of defense, the ease was for trial on the issue so raised, in accordance with the provisions of the Replevin Act.</p>