Commonwealth v. Abrams

Opinion by

Henderson, J.,

This is an action of as'sumpsit, brought against a constable and his surety to recover an amount of rent alleged to have been lost through the negligence of the constable in serving a landlord’s warrant. The use plaintiff was the agent in charge of a building on Oxford Street in Philadelphia, and on July 19, 1926, he issued a verbal landlord’s warrant directing Edward E. Abrams, the defendant constable, to distrain the goods of the tenant on the premises for the collection of $270 due for rent; whereupon, the same day distraint was made by Abrams. Two days later, the…