Peterson v. Haight
Supreme Court of Pennsylvania
On a writ of error to the District Court for the City and County of Philadelphia, the case.was as follows: John W. Peterson brought an action in replevin in that Court against Charles Haight and William P. Horner.
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On a writ of error to the District Court for the City and County of Philadelphia, the case.was as follows: John W. Peterson brought an action in replevin in that Court against Charles Haight and William P. Horner. The declaration complained of the taking of the plaintiff’s goods in a certain dwelling-house and drug store in the city of Philadelphia, on the 10th day of July, 1885. The defendant Haight avowed for rent arrear, viz. the sum of $269 17, a balance of one year’s rent, ending on the 3d of June, 1835, due by one Washington Jackson to him *as tenant under a certain demise of the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The law is now settled in Pennsylvania, that in replevin a set-off is inadmissible in the sense in which that term is commonly used: but that under our defalcation act, the tenant may, in replevin, deduct from the rent due to the landlord, the damage he may have sustained by the landlord’s breach of a covenant in the same lease, relating to the demised premises, and constituting part of the consideration of the rent. Gray v. Wilson, (4 Watts, 39); Fairman v. Fluck, (5 Watts, 516); Beyer v. Fenstermacher, (2 Whart. 95).
In the present case,…
2Cases cited3 opinions
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- Gray v. WilsonSupreme Court of Pennsylvania · 1835
- Beyer v. FenstermacherSupreme Court of Pennsylvania · 1837
3Cited by7 opinions
- Dushane v. BenedictSupreme Court of the United States · 1887
- National Cash Register Co. v. CochranSuperior Court of Pennsylvania · 1903
- Gorman v. MillerSuperior Court of Pennsylvania · 1905
- Workman v. WarderMissouri Court of Appeals · 1887
- Jackson v. FarrellSuperior Court of Pennsylvania · 1897
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