Shapiro v. Malarkey
Supreme Court of Pennsylvania
Appeals, No. 181 and 280, by plaintiffs and defendant, from order of C. P. Northumberland Co., Sept. T., 1921, No. 306, discharging rule to open judgment and from order striking off ejectment, in case of Esther Shapiro and Annie Shapiro v. Edward C. Malarkey. Rules to open judgment, and to strike off ejectment. Before Strouss, P. J. The opinion of the Supreme Court states the facts. Rule to open judgment for rent discharged.
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Appeals, No. 181 and 280, by plaintiffs and defendant, from order of C. P. Northumberland Co., Sept. T., 1921, No. 306, discharging rule to open judgment and from order striking off ejectment, in case of Esther Shapiro and Annie Shapiro v. Edward C. Malarkey. Rules to open judgment, and to strike off ejectment. Before Strouss, P. J. The opinion of the Supreme Court states the facts. Rule to open judgment for rent discharged. Rule to strike off judgment in ejectment made absolute. Plaintiffs and defendant appealed. Errors assigned, inter alia, were orders, quoting rec-. ord.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
While defendant was plaintiffs’ tenant, under a written lease of a three-story building in the town of Girard*81ville in this State, a fire broke out in the first floor, greatly injuring it and its contents, but not seriously affecting the second and third stories, which continued, —as did the first also to a limited degree, — in the possession and use of defendant or his subtenants.
The property was insured, and the day after the fire an agent of the insurance company visited the premises and, with the knowledge of representatives of each party, directed the street…
2Cases cited8 opinions
- Bauer v. HillSupreme Court of Pennsylvania · 1920
- Daly v. MaitlandSupreme Court of Pennsylvania · 1879
- Integrity Title Insurance, Trust & Safe Deposit Co. v. RauSupreme Court of Pennsylvania · 1893
- O'Maley v. PuglieseSupreme Court of Pennsylvania · 1922
- Rea v. Eagle Transfer Co.Supreme Court of Pennsylvania · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Warren Savings Bank & Trust Co. v. FoleySupreme Court of Pennsylvania · 1928
- Pacific Lumber Co. v. RoddSupreme Court of Pennsylvania · 1926
- ROSE v. CohenSuperior Court of Pennsylvania · 1960
- Elizabethtown Lodge No. 596 v. EllisSupreme Court of Pennsylvania · 1958
- Burke to Use v. BryantSupreme Court of Pennsylvania · 1925
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