Legal Opinion

Beyer v. Fenstermacher

Supreme Court of Pennsylvania

Decided January 7, 1837PublishedCited by 8 opinions

This was a writ of error to the Court of Common Pleas of Lehigh county, in which William Beyer brought an action of replevin against William Fenstermacher and George Plortz.

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This was a writ of error to the Court of Common Pleas of Lehigh county, in which William Beyer brought an action of replevin against William Fenstermacher and George Plortz. Fenstermacher avowed for rent in arrear; .and issue being joined on this question, the cause came on for trial before Judge Banks on the 1st of September 1836, when the defendant gave in evidence a written lease executed by himself and the plaintiff, dated in the month of February 1834, by which he demised to the plaintiff a certain house and lot for the term of one year at the rent of $150 “ payable quarter-yearly; the…

1Opinion of the Court

The opinion of the court was-delivered by

Kennedy, J.

The two first errors assigned may be considered tr aether, as they present the same question, whether a tenant has a right to set-off a debt, owing to him by his landlord, against the rent which he owes to the landlord, and for which the latter has distrained. It may, however, be proper to notice, first, that it was *98alleged, by the plaintiff, that the note mentioned in the first bill of exceptions, was taken up and paid by him at the instance of the defendant, who agreed, as he says, to allow him the amount thereof out of the rent; but then,…

2Cases cited1 opinion

  1. Henderson v. LewisSupreme Court of Pennsylvania · 1823

3Cited by8 opinions

  1. Ahl v. RhoadsSupreme Court of Pennsylvania · 1877
  2. Platt, Barber & Co. v. JohnsonSupreme Court of Pennsylvania · 1895
  3. Balsley v. HoffmanSupreme Court of Pennsylvania · 1850
  4. Bentz v. BarclaySupreme Court of Pennsylvania · 1928
  5. Moretti v. Zanfino Et Ux.Superior Court of Pennsylvania · 1937

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