Barrett ex rel. Bennett v. Bemelmans
Supreme Court of Pennsylvania
Appeal, No. 364, Jan. T., 1894, by plaintiffs, Simmons H. Barrett, trustee, to use of Charles Bennett and Rebecca S. Bennett, his wife, in right of said wife, from judgment of C. P. No. 1, Phila. Co., March T., 1892, No. 412, on case stated, foi defendant. Assumpsit for rent.
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Appeal, No. 364, Jan. T., 1894, by plaintiffs, Simmons H. Barrett, trustee, to use of Charles Bennett and Rebecca S. Bennett, his wife, in right of said wife, from judgment of C. P. No. 1, Phila. Co., March T., 1892, No. 412, on case stated, foi defendant. Assumpsit for rent. The case stated was as follows: “ On Sept. 16, 1890, the plaintiff, Rebecca S. Bennett, along with the other five owners of the house No. 1704 Wallace street, Philadelphia, appointed Simmons H. Barrett, one- of the said owners, their agent, with powers as set forth in the following agreement: “‘We, the undersigned,…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This is an action against a tenant to recover rent. The case was here in 1893 and turned upon the sufficiency of the affidavit of defence. The affidavit set .up payment of the rent in-full to the plaintiff’s agent or trustee, by whom, and in whose name, the.lease was made. This we held sufficient to prevent judgment and send the case to trial. Barrett to use v. Bemelmans, 155 Pa. 204. When the ease was again reached in the court below the facts were agreed upon and embodied in a case-stated. They show that the property leased was owned by several persons, among…
2Cases cited3 opinions
- Seyfert v. BeanSupreme Court of Pennsylvania · 1877
- Bedford v. KellySupreme Court of Pennsylvania · 1869
- Barrett v. BemelmansSupreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Smith v. BrassealeSupreme Court of Alabama · 1925
- Bandel v. EricksonSuperior Court of Pennsylvania · 1897