Legal Opinion

Phillips v. Monges

Supreme Court of Pennsylvania

Decided February 16, 1839PublishedCited by 14 opinions

This was an action of replevin, brought by Zalegman Phillips, Esq., against Aristides Monges and John Topham, for taking the goods of the plaintiff. The defendant Monges avowed for rent arrere, amounting to $331 50, being three quarters’ rent of the premises due on the 15th of August, 1833. The plaintiff replied, “ no rent arrere.”

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This was an action of replevin, brought by Zalegman Phillips, Esq., against Aristides Monges and John Topham, for taking the goods of the plaintiff. The defendant Monges avowed for rent arrere, amounting to $331 50, being three quarters’ rent of the premises due on the 15th of August, 1833. The plaintiff replied, “ no rent arrere.” On the trial, before Rogers, J., at a Court of Nisi Prius, in Philadelphia, the avowant gave in evidence a lease for three years, commencing on the 15th of February, 1830, and alleged, that the tenancy continued after the expiration of the lease, and that three…

1Opinion of the Court

The opinion of the Court was delivered by •

Rogers, J. —

This was an action of replevin, for taking the goods of the plaintiff. The defendant admitted the taking, and avowed for rent in arrear. The avowry stated a demise, and that three quarters’ rent, amounting to three hundred and thirty-seven dollars and *228fifty cents, was in arrear, and due, on the 15th August, 1833. The plaintiff replied no rent in arrear. The avowant gave in evidence a lease for three years from the 15th of February, 1830, which expired on the. 15th of February, 1833. It was also in evidence, that the plaintiff remained in…

2Cases cited2 opinions

  1. Fairman v. FluckSupreme Court of Pennsylvania · 1836
  2. Diller v. RobertsSupreme Court of Pennsylvania · 1825

3Cited by14 opinions

  1. Hollis v. BurnsSupreme Court of Pennsylvania · 1882
  2. Gardner v. Board of County CommissionersSupreme Court of Minnesota · 1874
  3. Bentz v. BarclaySupreme Court of Pennsylvania · 1928
  4. Holsman v. AbramsThe Superior Court of New York City · 1853
  5. Workman v. WarderMissouri Court of Appeals · 1887

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