Hessel v. Johnson
Pennsylvania Court of Common Pleas, Philadelphia County
No. 184 January Term 1891, Sup. Ct.; court below, No. 534 March Term 1888, C. P. No. 4. On March 14, 1888, Henry Hessel brought replevin against M. T. Johnson, agent, and R. D. Thompson, bailiff, for the recovery of certain goods distrained for rent in arrear, due from Clinton S. Fritz. The writ was served and the property delivered to the plaintiff by the sheriff.
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No. 184 January Term 1891, Sup. Ct.; court below, No. 534 March Term 1888, C. P. No. 4. On March 14, 1888, Henry Hessel brought replevin against M. T. Johnson, agent, and R. D. Thompson, bailiff, for the recovery of certain goods distrained for rent in arrear, due from Clinton S. Fritz. The writ was served and the property delivered to the plaintiff by the sheriff. The defendant, Johnson, filed an avowry and cognizance to which the plaintiff filed several pleas, upon one of which issue was joined. After trial, the jury returned a verdict for the defendant, finding the rent in arrear to be…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
This case presents an interesting question that lies outside the beaten track of landlord and tenant cases. It was before us two years ago, and is reported in 129 Pa. 173. The material facts are not in controversy, and are as follows:
In 1886, Johnson leased the building at the corner of Tenth and Race streets, Philadelphia, to Rossiter, at an annual rent of seven hundred dollars, with leave to sub-let. Rossiter did soon after sub-let the first floor to Hessel, who went into possession with the knowledge of Johnson, at a rental of twenty-five dollars per month. On…
2Cases cited5 opinions
- Hessel v. JohnsonSupreme Court of Pennsylvania · 1889
- Chicago & Allegheny Oil & Mining Co. v. BarnesSupreme Court of Pennsylvania · 1870
- Barr v. HughesSupreme Court of Pennsylvania · 1863
- Phipps v. BoydSupreme Court of Pennsylvania · 1867
- Waltman v. AllisonSupreme Court of Pennsylvania · 1849