Legal Opinion

Wanamaker & Brown v. Carter

Superior Court of Pennsylvania

Decided May 4, 1903No. Appeal, No. 55PublishedCited by 3 opinions

Appeal, No. 55, Jan. T., 1908, by defendant, from judgment of C. P. Lackawanna Co., May T., 1901, No. 419,. on case stated in suit of Wanamaker & Brown v. P. P. Carter. Case stated to determine whether goods in a tenant’s possession for sale on commission may be distrained.

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Appeal, No. 55, Jan. T., 1908, by defendant, from judgment of C. P. Lackawanna Co., May T., 1901, No. 419,. on case stated in suit of Wanamaker & Brown v. P. P. Carter. Case stated to determine whether goods in a tenant’s possession for sale on commission may be distrained. Kelly, J., filed the following opinion: The general rule is that all goods and chattels found on the demised premises, whether belonging to a tenant or to a stranger, are subject to distress for rent: Kessler v. McConachy, 1 Rawle, 435; Blanche v. Bradford, 38 Pa. 344. But to this rule there are many exceptions, and a…

1Opinion of the Court

Opinion by

Beaver, J.,

There is happily no difference in regard to the facts of this case. The plaintiff corporation was, as between it and its agent, Hitchcock, undoubtedly the owner of the goods dis-trained by the defendant. Those goods were essential to the business of Hitchcock. Without them, he could not move in the direction of active trade such as he carried on. They came necessarily into his hands in his dealings with the plaintiff. The defendant had reasonable notice, by his lease with Lewis & Hitchcock, which was signed by them as individuals, that *629they proposed to deal in goods of…

2Cases cited5 opinions

  1. Karns v. McKinneySupreme Court of Pennsylvania · 1874
  2. Howe Sewing Machine Co. v. SloanSupreme Court of Pennsylvania · 1878
  3. Myers v. EserySupreme Court of Pennsylvania · 1890
  4. Page v. MiddletonSupreme Court of Pennsylvania · 1888
  5. Tinware Manufacturing Co. v. DuffSuperior Court of Pennsylvania · 1900

3Cited by3 opinions

  1. Souders v. WilligSuperior Court of Pennsylvania · 1929
  2. Greif v. Drumbor-Bingell Co., Pennsylvania Court of Common Pleas, Northampton County1924
  3. Swaney v. DoumontSuperior Court of Pennsylvania · 1910

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