Wiley v. McGrath

Citations

• 194 Pa. 498
• 45 A. 331
• 1900 Pa. LEXIS 425

Syllabus

<p>Replevin — Punitive damages.</p> <p>Punitive damages may be allowed in replevin in all eases where there have been peculiar circumstances of outrage, oppression and wrong in the taking or detention of the property.</p> <p>In an action of replevin for horses and a coach, it appeared that plaintiff, a married woman, bought the property from her husband who kept a livery stable, and paid him full price therefor; that she took possession of the property and undertook to carry on the stable; that a few days after the sale she showed the ’bill of sale to defendant who was in the same business; that afterwards she sometimes interchanged business in emergencies with him; that, in a few months, unknown to the wife, the husband, in the night-time, secretly took the property from the wife’s stable and sold it to defendant, who concealed it; that when the wife made inquiry of him he falsely alleged ignorance, and pretended to aid her in finding it; that she then discovered it in his possession and replevied it; that he entered a claim property bond and retained possession, and at the trial, four years afterward, contended that he was only entitled to pay the actual value of the property at the issue of the writ. Held, that a verdict for punitive damages should be sustained.</p> <p>Replevin — Evidence—Lease.</p> <p>Where the plaintiff in replevin, a married woman, claims certain of the contents of a livery stable, the property having been sold to her by her husband under a bill of sale, she may, in addition to the bill of sale, offer in evidence the lease of the stable and the assignment by her husband to her of a policy of fire insurance on the property, as cumulative testimony of the exclusive, open and notorious character of her tenancy and possession.</p> <p>Replevin — Pleading—Non eepit — Evidence.</p> <p>In an action of replevin where the defendant disclaims title by plea of non cepit, he will not be permitted to prove that he had purchased the property from plaintiff’s