Evans v. Lincoln Co.
Supreme Court of Pennsylvania
Appeal, No. 79, Oct. T., 1902, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1900, No. 198, on verdict for plaintiff in case of William D. Evans, Trustee in Bankruptcy for Jesse Miller Lee, Bankrupt, v. The Lincoln Company. Assumpsit for goods sold and delivered.
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Appeal, No. 79, Oct. T., 1902, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1900, No. 198, on verdict for plaintiff in case of William D. Evans, Trustee in Bankruptcy for Jesse Miller Lee, Bankrupt, v. The Lincoln Company. Assumpsit for goods sold and delivered. Before Sharer, J. At the trial it appeared that the defendant was the former landlord of Jesse Miller Lee, the bankrupt, and that it had bought from the receiver in bankruptcy the goods of the lessee. The leased premises had been used as a hotel. Other facts appear by the opinion of the Supreme Court. Defendant…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The issue was to determine the amount of a landlord’s pre*450ferred claim for rent against the proceeds of goods sold by the receiver in bankruptcy of the tenant. The defendant, the Lincoln Company, was the lessor, and purchased the goods from the trustee in bankruptcy under an agreement that it should be credited with the amount of its preferred claim for rent, and should be required to pay only the difference between it and the price of the goods. At the trial there were three questions raised touching the amount of rent due : (1) whether an agreement to reduce the…
2Cases cited4 opinions
- Latimer v. GroetzingerSupreme Court of Pennsylvania · 1891
- Brisben v. WilsonSupreme Court of Pennsylvania · 1869
- Fernwood Masonic Hall Ass'n v. JonesSupreme Court of Pennsylvania · 1883
- Detwiler v. CoxSupreme Court of Pennsylvania · 1874
3Cited by17 opinions
- City of Beaumont v. FertittaTexas Supreme Court · 1967
- Sferra v. UrlingSupreme Court of Pennsylvania · 1936
- McCann v. EvansCourt of Appeals for the Third Circuit · 1911
- C. S. Brackett Co. v. LofgrenSupreme Court of Minnesota · 1918
- Levine v. BlumenthalSupreme Court of New Jersey · 1936
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