Giles v. Kolb
Superior Court of Pennsylvania
Appeal, No. 136, October Term, 1918, by defendant, from judgment of Municipal Court, Philadelphia County, July Term, 1916, No. 60, on verdict for plaintiff in case of James H. Giles v. Louis J. Kolb. Trespass to recover damages for alleged unlawful distraint for rent. Before MacNeille, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $350. Defendant appealed.
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Appeal, No. 136, October Term, 1918, by defendant, from judgment of Municipal Court, Philadelphia County, July Term, 1916, No. 60, on verdict for plaintiff in case of James H. Giles v. Louis J. Kolb. Trespass to recover damages for alleged unlawful distraint for rent. Before MacNeille, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $350. Defendant appealed. Error assigned, amongst others, was in dismissing defendant’s motion for judgment n. o. v. The appellant’s “Statement of Questions Involved” was as follows: 1. Can a sealed lease be varied as…
1Opinion of the Court
Opinion by
Williams, J.,
The jury could have found from the testimony that plaintiff had on consignment at the salesroom of the S. & P. Auto Co., an autotruck with his name painted thereon when defendant’s constable made a distraint for rent in arrear; at the time of the distraint notice was given to the constable that the cars of plaintiff and other consignors were on the premises, and an offer was made to identify them; a sale was made without notice to plaintiff and thereafter his car disappeared. The issues were fairly presented in the charge and the finding of the jury is conclusive. The…
2Cases cited1 opinion
- Rebold v. KolbSuperior Court of Pennsylvania · 1917