Weiss v. Levey
Superior Court of Pennsylvania
Appeal, No. 324, Oct. T., 1917, by John W. Speckman, from order of C. P. No. 4, Philadelphia Co., March T., 1917, No. 5308, discharging rule to pay money out of proceeds of sheriff’s sale, in case of Simon Weiss to use of Pincus Weiss v. David W. Levey. Rule to show cause why the sheriff should not pay $120 for rent out of the proceeds of a sheriff’s sale of tenant’s goods. The opinion of the Superior Court states the facts. Error assigned was order discharging the rule.
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Appeal, No. 324, Oct. T., 1917, by John W. Speckman, from order of C. P. No. 4, Philadelphia Co., March T., 1917, No. 5308, discharging rule to pay money out of proceeds of sheriff’s sale, in case of Simon Weiss to use of Pincus Weiss v. David W. Levey. Rule to show cause why the sheriff should not pay $120 for rent out of the proceeds of a sheriff’s sale of tenant’s goods. The opinion of the Superior Court states the facts. Error assigned was order discharging the rule. A judgment creditor stands on the footing of his debtor: Cover v. Black, 1 Pa. 493; Shrewsburg Savings Institution’s App.,…
1Opinion of the Court
Opinion by
Williams, J.,
February 17, 1917, Speckman leased certain premises to Levey for a term ending March 1, 1918. May 23, 1917, a confessed judgment was entered against Levey. June 28, execution issued and a levy made upon the leased premises. July 17, the goods were sold for $501. Appellant, as lessor, claimed $120, being eight months’ rent at $15 per month from July 1, 1917, three days after the levy was made, to March 1, 1918. July 20, he obtained a rule on the sheriff and plaintiff in execution to show cause why this rent should not be paid to him out of the $501. October 5, the rule…
2Cases cited2 opinions
- Platt, Barber & Co. v. JohnsonSupreme Court of Pennsylvania · 1895
- Goodwin v. SharkeySupreme Court of Pennsylvania · 1875
3Cited by4 opinions
- General Tire & Rubber Co. v. General Tire & Sales Co.Superior Court of Pennsylvania · 1927
- Cynkar v. KaczynskiSuperior Court of Pennsylvania · 1932
- Evaston v. Myers, Pennsylvania Court of Common Pleas, Lancaster County1928
- Kramer v. Moore, Pennsylvania Court of Common Pleas, Northumberland County1949