Harris v. Shaw
Superior Court of Pennsylvania
Appeal, No. 203, Oct. T., 1900, by plaintiff, from order of C. P. No. 4, Phila. Co., Dec. T., 1899, No. 110, refusing to take off nonsuit in case of John D. Harris v. Walter M. Shaw, Administrator of John Shaw, Deceased. Trespass for an alleged wrongful sale of plaintiff’s goods. From the record it appeared that John Shaw leased premises used as a drugstore to A. E. Norton.
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Appeal, No. 203, Oct. T., 1900, by plaintiff, from order of C. P. No. 4, Phila. Co., Dec. T., 1899, No. 110, refusing to take off nonsuit in case of John D. Harris v. Walter M. Shaw, Administrator of John Shaw, Deceased. Trespass for an alleged wrongful sale of plaintiff’s goods. From the record it appeared that John Shaw leased premises used as a drugstore to A. E. Norton. Plaintiff leased to Norton a soda water apparatus and other articles under an agreement which was as follows : • “I, Albert E. Norton, hereby agree to lease from John D. Harris the several articles described in the…
1Opinion of the Court
Opinion by William W. Porter, J.,
The rule that all goods upon demised premises are liable to distraint for rent still obtains in Pennsylvania, although subject to some exceptions. Where the landlord has followed with precision the provisions of the act of 1772, and in so doing has sold the goods of a stranger,. he may not be held liable for a trespass: Toledo Tinware Mfg. Co. v. Duff, 16 Pa. Superior Ct. 383. But as the proceeding is statutory, the directions of the statute must be strictly followed, not only as to a seizure, but also as to all subsequent steps, otherwise the protection of…
2Cases cited8 opinions
- Edwards v. StranghellanSupreme Court of Pennsylvania · 1884
- Jones v. WandsSuperior Court of Pennsylvania · 1896
- Commonwealth v. DunleavySuperior Court of Pennsylvania · 1901
- Esterly Machine Co. v. SpencerSupreme Court of Pennsylvania · 1892
- Snyder v. BoringSuperior Court of Pennsylvania · 1897
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3Cited by5 opinions
- L. C. Smith & Bro. Typewriter Co. v. AllemanCourt of Appeals for the Third Circuit · 1912
- Manegold v. QuinnSuperior Court of Pennsylvania · 1911
- Euwer v. GreerSuperior Court of Pennsylvania · 1905
- Barnett v. FeinSuperior Court of Pennsylvania · 1909
- Oliver v. WheelerSuperior Court of Pennsylvania · 1904