Furbush v. Chappell
Supreme Court of Pennsylvania
Ebbob to the Court of Common Pleas No 4, of Philadelphia county: Of July Term, 1883, No. 221. This was an action of replevin by Morrill A. Furbush and Citarles A. Furbush, trading as M. A. Furbush & Son, against Chappell and Taylor, trading as Chappell & Taylor, and Ellicott Fisher, to recover a spinning mule claimed by Fisher under a distress for rent.
Read the full summary
Ebbob to the Court of Common Pleas No 4, of Philadelphia county: Of July Term, 1883, No. 221. This was an action of replevin by Morrill A. Furbush and Citarles A. Furbush, trading as M. A. Furbush & Son, against Chappell and Taylor, trading as Chappell & Taylor, and Ellicott Fisher, to recover a spinning mule claimed by Fisher under a distress for rent. On the trial, before Elcock, J., the following facts appeared : The mule originally belonged to Chappell & Taylor, and had been placed by them in a mill which they rented from Ellicott Fisher. It was about ninety feet long, occupied eleven…
1Opinion of the Court
The opinion of the Court was delivered February 11, 1884.
2Per curiam
A landlord may verbally distrain for the non-payment of rent, and he may, by parol, authorize a bailiff to distrain. As a general rule, to render the distress complete, there must be a seizure of the property distrained upon; but a very slight act is sufficient to constitute a seizure in contemplation of law. It need not be an actual seizure of the particular goods. If the landlord gives notice of his claim for rent, and declares the goods which he names shall not be removed from the premises until the rent is paid, it is a sufficient…
3Cited by11 opinions
- National Cash Register Co. v. AnsellSuperior Court of Pennsylvania · 1936
- Gross v. FoxDistrict Court, E.D. Pennsylvania · 1972
- Derbyshire Bros. v. McManamySuperior Court of Pennsylvania · 1930
- Potts Dept. Store v. Lutz SweigartSuperior Court of Pennsylvania · 1929
- Prudential Insurance Co. of America v. KaplanSupreme Court of Pennsylvania · 1938
6 more not listed; retrieve them via the Exa API.