Shoop v. Fee
Superior Court of Pennsylvania
Appeal, No. 98, April T., 1914, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., First Term, 1912, No. 440, on verdict for defendants in case of Minnie V. Shoop v. Arthur A. Fee and D. J. Sterling. Replevin for goods distrained. At the trial it appeared that Minnie Y. Shoop lived with her son Paul Shoop and his wife in premises leased by the son from Mrs. D. J. Sterling. Mrs. Shoop claimed the goods in question.
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Appeal, No. 98, April T., 1914, by plaintiff, from judgment of C. P. No. 4, Allegheny Co., First Term, 1912, No. 440, on verdict for defendants in case of Minnie V. Shoop v. Arthur A. Fee and D. J. Sterling. Replevin for goods distrained. At the trial it appeared that Minnie Y. Shoop lived with her son Paul Shoop and his wife in premises leased by the son from Mrs. D. J. Sterling. Mrs. Shoop claimed the goods in question. At the time the landlord’s warrant was issued on December 18, 1911, there was no rent due, but the warrant was issued because of an alleged attempt to remove the goods in…
1Opinion of the Court
Opinion by
Rice, P. J.,
The rent under the lease from Mrs. D. J. Sterling to Paul Shoop was payable monthly in advance, and was paid up to January 1, 1912. Therefore, the landlord’s warrant was prematurely issued on December 18, 1911, unless it was justified under the clause of the lease which provided, that, if the tenant “shall remove or attempt to remove or declare an intention to remove the goods from said premises, then and in such case, the entire rent for the balance of said term shall at the option of the lessor, at once become due and payable, as if by the terms of the lease it were…
2Cases cited2 opinions
- Harrop v. LutzSuperior Court of Pennsylvania · 1913
- Walsh v. Philadelphia BourseSuperior Court of Pennsylvania · 1907
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- Moretti v. Zanfino Et Ux.Superior Court of Pennsylvania · 1937
- Dintenfass v. WirkmanPennylvania Municipal Court, Philadelphia County · 1930
- Parkview Court Apartments v. Carr, Pennsylvania Court of Common Pleas, Delaware County1979