The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 339
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AGENCY OF CANADIAN C. & F. CO. V. PENNSYLVANIA I. W. CO. 339
(256 F.)
AGENCY OF CANADIAN CAR & FOUNDRY CO., Limited, v.
PENNSYLVANIA IRON WORKS CO. (two cases.)
(Circuit Court of Appeals, Third Circuit. February 25, 1919.)
Nos. 2361, 2362.
1. REPLEVIN 70--ISSUES-BURDEN OF PROOF.
A plea of property by both parties in replevin puts in issue plaintiff's
interest, and imposes upon it the burden of proving its right to the im-
mediate and exclusive possession of all the property.
2. BAILMENT 47--CONTRACT TO MANUFACTURE GOODS---ONSTUCTION-
RIonHT OF POSSESSION.
A contract under which plaintiff delivered certain parts of steel shells
to defendant, which was to furnish the necessary work and materials for
their completion, construed, and held to give defendant a special property
in the shells, upon which it had expended work and materials, and the
right to their possession until inspected and accepted by plaintiff.
3. REPLEVIN 096-SUFFICIENCY OF VERDICT
A verdict for defendant in replevin for a sum of money only, where the
goods were taken by plaintiff on the writ, must be construed as for the
value of the goods, where there was no evidence of damages for caption
and detention, and is equally good at common law and under Act Pa.
April 19, 1901 (P. L. 90) 7.
4. REPLEVIN X71(1)-EVIDENCE-VALUE OF DEFENDANT'S SPECIAL PROPERTY
INTEREST.
In replevin for unfinished artillery shells, delivered by plaintiff to de-
fendant under contract for completion, upon which defendant had expend-
ed labor and material, but which were unfinished and without market
value when plaintiff broke the contract and replevied them, defendant
may show the value of its interest by proving the cost of its labor and ma-
terial, and in addition what would be a reasonable and ordinary profit
thereon.
5. ESTOPPEL =63-CLAIM OF PROPERTY BY DEFENDANT-LIEN.
A manufacturer, working on material furnished by plaintiff when such
material was replevied, held not estopped to assert a property right therein
by the fact that it had previously claimed a lien.
6. REPLEVIN =72-L--IEN OF DEFENDANT.
Evidence held not to sustain the claim of a defendant in replevin to a
lien on the property replevied.
7. WORDs AND PHRASES---VALUE."
"Value" of goods is not what they cost their owner; it is what they
are worth to him or to others.
[Ed. Note.-For other definitions, see Words and Phrases, First and
Second Series, Value.]
In Error to the District Court of the United States for the Eastern
District of Pennsylvania; W. H. Seward Thompson, Judge.
Two actions at law by the Agency of Canadian Car & Foundry
Company, Limited, against the Pennsylvania Iron Works Company.
From the judgments, plaintiff brings error. First judgment affirmed,
and second reversed.
Ralph B. Evans, Robert J. Doads, and Edwin W. Smith, all of
Pittsburgh, Pa. (Reed, Smith, Shaw & Beal, of Pittsburgh, Pa., and
4For other eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/353/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.