Legal Opinion

Richie v. McCauley

Supreme Court of Pennsylvania

Decided February 1, 1846PublishedCited by 4 opinions

’ Jan. 20. This was an application by Fisher, the landlord of defendant, for leave to take the amount of rent due him, out of the money paid into court on an execution in the above case. The defendant -was a painter of oil-cl,oths, and occupied two large buildings in the neighbourhood of the city, built for the.purpose of this business, and called an oil-cloth manufactory, for which he paid a rent of $500 per annum.

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’ Jan. 20. This was an application by Fisher, the landlord of defendant, for leave to take the amount of rent due him, out of the money paid into court on an execution in the above case. The defendant -was a painter of oil-cl,oths, and occupied two large buildings in the neighbourhood of the city, built for the.purpose of this business, and called an oil-cloth manufactory, for which he paid a rent of $500 per annum. The goods levied on and sold were large wooden blocks, costing about $1500, with which the prints were made on.the cloths stretched on large frames. The defendant had a number of…

1Opinion of the CourtBell, J.

Upon the authority of McDowell v. Shotwell, Whart. 26, and the cases there cited, it may be conceded, that the chattels taken in execution at the suit of the plaintiffs, Richie and Totter, (except the few pieces of furniture, oil-cloth, and the horse and cart,) are tools of trade; but the question is, can they also be regarded as the necessary tools of a tradesman, within the spirit and meaning of the seventh section of the act of 22d April, 1846 ? P. Dig. Ed. of 1847, fo. 468. It is to be regretted that, in framing a statutory provision of so much importance, a term so vague, and admitting…

2Cases cited1 opinion

  1. Bichel v. RankSupreme Court of Pennsylvania · 1836

3Cited by4 opinions

  1. Platt, Barber & Co. v. JohnsonSupreme Court of Pennsylvania · 1895
  2. Bennett's Estate v. SproulCourt of Appeals for the Third Circuit · 1930
  3. Com. v. Robinson, O.Superior Court of Pennsylvania · 2022
  4. Kramer v. Moore, Pennsylvania Court of Common Pleas, Northumberland County1949

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