Karns v. McKinney
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 57, to October and November Term 1873. This was an action of replevin, brought to July Term 1868 of the court below, by J. B. McKinney against John Karns and J. F. Noel. . The declaration was that the defendants took of the goods of the,plaintiff, one coal barge, a lot of barge timber and divers lots of plank, a lot of oak streamers, two lots of iron, three kegs of spikes,- a lot of bolts, four bales of oakum — of the…
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Error to the District Court of Allegheny county: No. 57, to October and November Term 1873. This was an action of replevin, brought to July Term 1868 of the court below, by J. B. McKinney against John Karns and J. F. Noel. . The declaration was that the defendants took of the goods of the,plaintiff, one coal barge, a lot of barge timber and divers lots of plank, a lot of oak streamers, two lots of iron, three kegs of spikes,- a lot of bolts, four bales of oakum — of the value of $1500. The defendants pleaded “ Rent in arrear, warrant of distraint, ”&c. The replication was that the plaintiff…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1874, by
Mercur, J. —
That the goods of a stranger found on the demised premises are liable to distress’ for rent, is a well-settled principle of the common law. To this general rule there are many exceptions in fact, but few in principle. The goods of a third person placed in the way of trade on storage, in the warehouse of one who received goods on storage, are not liable to distress for rent for such warehouse, although found on the premises : Brown et al. v. Sims et al., 17 S. & R. 138; Briggs et al. v. Large et al., 6 Casey 287; nor are…
2Cases cited5 opinions
- M'Kinney v. ReaderSupreme Court of Pennsylvania · 1837
- Pierce v. ScottSupreme Court of Pennsylvania · 1842
- Clifford v. BeemsSupreme Court of Pennsylvania · 1834
- Riddle v. WeldenSupreme Court of Pennsylvania · 1839
- Beltzhoover v. WaltmanSupreme Court of Pennsylvania · 1841
3Cited by23 opinions
- National Cash Register Co. v. AnsellSuperior Court of Pennsylvania · 1936
- Myers v. EserySupreme Court of Pennsylvania · 1890
- Page v. MiddletonSupreme Court of Pennsylvania · 1888
- Souders v. WilligSuperior Court of Pennsylvania · 1929
- Thomas v. SpruksCourt of Appeals for the Third Circuit · 1937
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