Quinn v. Swartley
Supreme Court of Pennsylvania
Appeal, No. 54, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1911, No. 2461, on verdict for defendant in case of Jessie M. Quinn v. P. Erwin Swartley. Trespass for illegally selling personal property in distress proceedings. Before Willson, P. J. The opinion of the Supreme Court states the facts. Verdict for the defendant and judgment thereon. Plaintiff appealed.
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Appeal, No. 54, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., Sept. T., 1911, No. 2461, on verdict for defendant in case of Jessie M. Quinn v. P. Erwin Swartley. Trespass for illegally selling personal property in distress proceedings. Before Willson, P. J. The opinion of the Supreme Court states the facts. Verdict for the defendant and judgment thereon. Plaintiff appealed. Error assigned, among others, was the refusal of the court to give binding instructions for the plaintiff for such damages as it had been proved she had suffered.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The plaintiff is the wife of Francis J. Quinn, who was *588a tenant of the defendant, to whom he was indebted on July 14,1911, for three months’ rent. She brought this action to recover damages for the alleged unlawful sale of her goods, distrained on the demised premises. The court was asked to instruct the jury that they should find for the plaintiff for such damages as she had suffered. This was refused, but the point asking for it should have been affirmed on defendant’s own showing that the statutory requirements as to notice of the distress had not been given to…
2Cases cited4 opinions
- Davis v. Davis, Pennsylvania Court of Common Pleas, Montour County1889
- Snyder v. BoringSuperior Court of Pennsylvania · 1897
- Ehrhart v. EsbenshadeSupreme Court of Pennsylvania · 1911
- Whitton v. MilliganSupreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Peerless Soda Fountain Serv. Co. v. WalshSuperior Court of Pennsylvania · 1932
- Rudolph Wurlitzer Co. v. James, Pennsylvania Court of Common Pleas, Lawrence County1929