Moore v. Trainer
Supreme Court of Pennsylvania
Appeal, No. 282, Jan. T., 1915, by defendant, from judgment of C. P. No. 5, Philadelphia Co., March T., 1915, No. 385, for plaintiff for want of a sufficient affidavit of defense in case of Jennie Armstrong Patterson Moore, surviving executor and trustee of the last will and testament of James Patterson, deceased, v. Joseph C. Trainer. Assumpsit to recover rent due under a lease. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 282, Jan. T., 1915, by defendant, from judgment of C. P. No. 5, Philadelphia Co., March T., 1915, No. 385, for plaintiff for want of a sufficient affidavit of defense in case of Jennie Armstrong Patterson Moore, surviving executor and trustee of the last will and testament of James Patterson, deceased, v. Joseph C. Trainer. Assumpsit to recover rent due under a lease. Rule for judgment for want of a sufficient affidavit of defense. Before Martin, P. J. The opinion of the Supreme Court states the case. The court entered judgment for plaintiff for want of a sufficient affidavit of…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This action by a surviving executor is for recovery of five months’ arrearages of rent of property occupied by defendant under a lease from plaintiff for a term of ten —years with provisions that if lessee should hold over after the expiration of the term, with consent of lessor, such action should be deemed a renewal of the lease and of all its terms and conditions for a further term of one year, and so on from year to year until either party should give thirty days’ notice of intention to terminate the lease. The ten years’ term expired October 1,1914, *369and the…
2Cases cited3 opinions
- Bohlen's EstateSupreme Court of Pennsylvania · 1874
- Hickok v. StillSupreme Court of Pennsylvania · 1895
- Guillou v. PetersonSupreme Court of Pennsylvania · 1879
3Cited by13 opinions
- Clark v. Prov. Tr. Co., TrusteeSupreme Court of Pennsylvania · 1937
- Chesnut v. Master LaboratoriesNebraska Supreme Court · 1947
- Equitable Trust Co. v. Delaware Trust Co.Court of Chancery of Delaware · 1947
- Hartje's EstateSupreme Court of Pennsylvania · 1942
- Rogers v. City of South CharlestonWest Virginia Supreme Court · 1979
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