Bergman v. Roberts
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Philadelphia: No. 173, to January Term 1869. Tbe proceeding in this case commenced under tbe Act of April 3d 1830, before an alderman, by Charles B. Roberts against Martin Bergman, to recover possession of leased premises for nonpayment of rent. The alderman gave judgment for tbe plaintiff, and tbe defendant, on tbe 15th of April 1867, appealed to tbe Court of Common Pleas.
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Error to tbe Court of Common Pleas of Philadelphia: No. 173, to January Term 1869. Tbe proceeding in this case commenced under tbe Act of April 3d 1830, before an alderman, by Charles B. Roberts against Martin Bergman, to recover possession of leased premises for nonpayment of rent. The alderman gave judgment for tbe plaintiff, and tbe defendant, on tbe 15th of April 1867, appealed to tbe Court of Common Pleas. He there pleaded that the plaintiff bad not demised tbe premises to bim; that there was no rent in arrear; that there were sufficient goods on tbe premises to pay tbe rent; and that no…
1Opinion of the Court
The opinion of the court was delivered, March 8th 1869, by
Thompson, C. J.
This case has some uncommon features. It commenced before an alderman to recover possession of certain alleged leased premises under the Act of 3d April 1830, for nonpayment of rent. The plaintiff claimed to be landlord of the premises, yet he gave no testimony of any letting by him to the defendant; nor of any rent reserved; nor that he was the successor in title to J. L. Smith, who he proved was the défendant’s lessor; but contented himself with showing, that the defendant’s wife paid rent to him as agent for one Bell…
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