Magaw v. Lambert
Supreme Court of Pennsylvania
Ebrob to the Common Pleas of Allegheny county. September 10. This was an appeal from a justice of the peace, in a suit brought by Wm. H. V. Magaw, plaintiff below and in error, against Henry Lambert, to recover rent for demised premises. The plaintiff filed a declaration in case, to which the defendant pleaded defalcation, and payment with leave to give special matter in evidence.
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Ebrob to the Common Pleas of Allegheny county. September 10. This was an appeal from a justice of the peace, in a suit brought by Wm. H. V. Magaw, plaintiff below and in error, against Henry Lambert, to recover rent for demised premises. The plaintiff filed a declaration in case, to which the defendant pleaded defalcation, and payment with leave to give special matter in evidence. It appeared from the testimony, that plaintiff rented to defendant a lot of ground and building, in Pittsburgh, from March 1, 1845, until April 1, 1846, at the rate of $300 per annum. The rent for March to he paid…
1Per curiam
It is impossible to see what payment of the loss by the insurance company had to do with the payment of the rent by the tenant. It was not the rent which was insured, but the premises out of which it issued; and the tenant could not say the company had paid it for him. Nor was the misapplication of the charity fund for the relief of indigent sufferers by the fire, a better ground of defence. The committee of distribution ought possibly to have relieved the tenants of rented property in preference to their landlords; but that is a matter which, resting as it did in their discretion, cannot be…
2Cited by10 opinions
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- Albert M. Greenfield & Co., Inc. v. KoleaSupreme Court of Pennsylvania · 1977
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
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