218 Pa. 519 | Pa. | 1907
Opinion by
The record in this case, as presented to us, is teeming with
The first assignment violates rule 31, for the reason that the error assigned is to the admission in evidence of a writing, and it contains no reference to the page of the paper-book where that writing may be found printed. It does refer to the page where the testimony of a witness called to prove the contract appears, but the contract itself is printed elsewhere, and that reference is not given.
The second, third, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth and fourteenth assignments, which assign for error the rejection of certain papers and records offered in evidence by appellant, are also defective, for the reason that none of them contains a copy of the writing rejected: Hallock v. Lebanon, 215 Pa. 1. In one instance the writing rejected is not even printed in the paper-book ; in several, only a part of the record offered is printed, and in no instance is any reference made in printing the assignments to the page where the rejected writing may be found. The pages referred to are where the offers were made and ruled upon, but the documents or records offered are not set out there.
If we waive the informalities and look at the merits, it appears that during the year 1900 an order was given by the United Collieries Company, a New Jersey corporation of which Samuel P. Langdon was president, to the Jackson & Sharp
When the cars left the shops at Wilmington there was painted upon the upper outside deck “ Altoona & Beech Creek Terminal ” or “ Altoona & Beech Creek Terminal R. R. Co.,” and the same lettering was upon them when they were replevied. There were also upon the cars, when delivered, name plates, one on each side, which were lettered, “American Car & Foundry Company, owner:” “United Collieries Company, lessee.” When the cars were returned, they did not have the name plates on, but they showed the marks where the plates had been, and the holes.
The defendant alleged that the actual transaction was a sale and purchase of the cars, not by the United Collieries Company, but by Samuel P. Langdon, the Pittsburg, Johnstown, Ebensburg & Eastern Eailroad Company, and the Altoona and Beech Creek Terminal Eailroad Company, who were lessees of the railroad, rolling stock and other property of the defendant company, and that the contract of bailment was ultra vires, so far as the United Collieries Company was concerned; and offered evidence for the purpose of showing fraudulent conduct on the part of Langdon, the United Collieries Company, and the two railroad companies towards the defendant company. There was no offer to show that the plaintiff participated in the alleged fraud.
Whether the United Collieries Company had or had not power to enter into the contract, could have no effect upon the title of the appellee to its cars. Nor does it appear that appellant was injured in any way by the leasing of the cars. It did not purchase them from the lessees, or spend any money upon account of them. It merely received them from the sheriff along with other property included in the lease. Whatever wrong or injury the appellant may have suffered at the hands of the lessees, and the parties in control of them, can in no way be charged against the appellee in this case. The lease of the cars into which it entered was an entirely independent transaction, not involved in any way with the relations existing between the appellant and the lessees of its railroad and other properties.
The judgment of the court below is affirmed.