Stern v. Cook Laundry Co.

Citations

• 71 Pa. Super. 603
• 1919 Pa. Super. LEXIS 161

Syllabus

<p>Replevin — Automobiles—Bailment lease — Sufficient affidavit of defense.</p> <p>In an action of replevin for the recovery of an automobile leased on a bailment lease, an affidavit of defense is sufficient which denies that the plaintiff ever owned the automobile, or that the defendant acquired title through the lease, as set forth in the plaintiff’s statement.</p> <p>Bailments — Bailors and bailees — Averment of title — Estoppel to dispute title.</p> <p>Where one gains possession only by means of, and claims title solely under an instrument he will, as a general rule, he estopped from disputing title with the other party to the contract, during its continuance, but where he has otherwise gained possession, and asserts ownership in himself and neither claims nor defends under, or by virtue of, the instrument, there is no such estoppel.</p>