Fairman v. Fluck
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Alleghany County. John Fluck against Thomas Fairman, replevin for goods taken as a distress for rent. Issue, rent or no rent in arrear.
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ERROR to the Common Pleas of Alleghany County. John Fluck against Thomas Fairman, replevin for goods taken as a distress for rent. Issue, rent or no rent in arrear. The defence of the tenant was, that the landlord, Fairman, by the lease covenanted to make certain improvements in the yard, attached to the rented premises, which was a wagon-tavern house, which he did not perform, by reason whereof he lost his custom as a tavern-keeper, and therefore sutained damage, to the whole amount of the quarter’s rent claimed in this suit, which was two hundred and fifty dollars. The defendant below…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
In replevin no set-off is allowable, either under *517the English statutes, or our own more ancient act of assembly. Replevin is in form an action ex delicto, and seeks damages for unlawfully seizing and carrying away personal property. ( The defendant cannot avail himself of a set-off, because the demand is uncertain in its nature, and it is no justification for a tortious act, that the plaintiff’ is indebted to the defendant.' On the other hand the plaintiff is subject to the same restriction, because he is not within the purview of the…
2Cases cited2 opinions
- M'Crelish v. ChurchmanSupreme Court of Pennsylvania · 1833
- President of Schuylkill Navigation Co. v. ThoburnSupreme Court of Pennsylvania · 1821
3Cited by22 opinions
- Abrams v. WatsonSupreme Court of Alabama · 1877
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Phillips v. MongesSupreme Court of Pennsylvania · 1839
- Tide Water Canal Co. v. ArcherCourt of Appeals of Maryland · 1839
- Blair v. A. Johnson & SonsTennessee Supreme Court · 1903
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